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In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. [1] If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent.
Once a patent has expired, the benefits of the invention are to be enjoyed by the public and may not be extended by trademark. Mackay Radio & Telegraph Co. v. Radio Corporation of America: 306 U.S. 618: 1939: Morton Salt Co. v. G.S. Suppiger Co. 314 U.S. 488: 1942: Patent misuse. United States v. Univis Lens Co. 316 U.S. 241: 1942
Dawson Chemical Co. v. Rohm & Haas Co., 448 U.S. 176 (1980), is a 1980 5–4 decision of the United States Supreme Court [1] limiting the patent misuse doctrine and explaining the scope of the 1952 amendment of the patent laws that resurrected the contributory infringement doctrine in the wake of the Mercoid cases. [2]
Ink, Inc. v. Ill. Tool Works, Inc., 2006 U.S. App. LEXIS 10770 (Fed. Cir. Apr. 13, 2006) Holding; A product involved in a tying arrangement is not presumed to have market power for purposes of establishing an antitrust violation by the mere fact that it is patented. Federal Circuit Court of Appeals vacated and remanded. Court membership; Chief ...
The court held that the patent exhaustion doctrine did not apply when a patentee sold a patented product subject to a condition other than a price fix or tie in, unless "the patentee has ventured beyond the patent grant and into behavior having an anticompetitive effect not justifiable under the rule of reason."
A Florida man who left his dog tied to a fence during the onslaught of Hurricane Milton has finally been caught. Giovanny Aldama Garcia, the dog’s owner, was arrested on Monday under the charges ...
Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp., 382 U.S. 172 (1965), was a 1965 decision of the United States Supreme Court that held, for the first time, that enforcement of a fraudulently procured patent violated the antitrust laws and provided a basis for a claim of treble damages if it caused a substantial anticompetitive effect.
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