Patent Coverage and License Scope: How and When They Need to Align
Historically, license agreements have been upheld in some circumstances where the royalty obligation did not align exactly with the substantive and territorial reach of the licensed patents. A recent case law has examined the enforceability of licenses, and suggested even further expansion of the royalty obligation may be possible. We explored the history of enforceability of royalty obligation, a comparison to patent misuse, and discussed the recent case law.
Stephen Gardner, Partner, Quarles & Brady LLP
Ameera Haider, Associate, Quarles & Brady LLP