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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.
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 ...
Morton Salt Co. v. G.S. Suppiger Co., 314 U.S. 488 (1942), is a patent misuse decision of the United States Supreme Court.It was the first case in which the Court expressly labeled as "misuse" the Motion Picture Patent / Carbice tie-in defense to a charge of patent infringement and created the present blanket remedy in infringement cases of unenforceability of the misused patent. [1]
Diagram of patented device involved in MPP case. The Motion Picture Patents Company (MPP) was the assignee of a number of patents covering motion picture projectors, including US Pat. No. 707,934, on a part of the mechanism used in motion picture Projectors to feed a film through the machine with a regular, uniform, and accurate movement.
The Supreme Court held that requiring a patent licensee to pay a percentage of its total patented and non-patented product sales as a condition of the license was misuse. On the other hand, the Court said, if the parties adopted this method of determining royalties ("total–sales royalties") without coercion and for mutual convenience, such as ...
Leitch Manufacturing Co. v. Barber Co., 302 U.S. 458 (1938), is a 1938 decision of the United States Supreme Court extending the tie-in patent misuse doctrine to cases in which the patentee does not use an explicit tie-in license but instead relies on grants of implied licenses to only those who buy a necessary supply from it.
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The main concern raised in Microsoft v Commission was whether two distinct products were a subject of a tie. Tying is a specific type of exclusionary abuse which refers to the situation where customers that purchase one product (the tying product) are also required to purchase another product from the dominant undertaking (the tied product ...