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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.
Illinois Tool Works Inc. v. Independent Ink, Inc., 547 U.S. 28 (2006), was a case decided by the Supreme Court of the United States involving the application of U.S. antitrust law to "tying" arrangements of patented products. [1]
Carbice Corp. v. American Patents Development Corp., 283 U.S. 27 (1931), is a decision of the United States Supreme Court extending the patent misuse doctrine against tie-ins to cases in which patents were used to tie the purchase of unpatented elements of patented combinations. [1]
The court recognized that this case was different on its facts from the Supreme Court's prior tie-in patent misuse cases such as Morton Salt Co. v. G.S. Suppiger Co., in which the Court held that a patentee "may not claim protection of his grant by the courts where it is being used to subvert" patent policy. [5]
Ruled that an injunction should not automatically issue based on a finding of patent infringement. Illinois Tool Works Inc. v. Independent Ink, Inc. - Supreme Court, 2006. Related to "tying" arrangements of patented products. KSR v. Teleflex - Supreme Court, 2007. Concerning the issue of obviousness as applied to patent claims. Microsoft v.
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]
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
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."