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Search references for PATENT MISUSE. Phrases containing PATENT MISUSE
See searches and references containing PATENT MISUSE!PATENT MISUSE
Improper use of patent rights
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
Patent_misuse
narrow the defense of patent misuse to claims for patent infringement. Princo held that a party asserting the defense of patent misuse, absent a case of so-called
Princo_Corp._v._ITC
the infringer. Copyright misuse is often comparable to and draws from the older and more established doctrine of patent misuse, which bars a patentee from
Copyright_misuse
2015 United States Supreme Court case
turned back a considerable amount of academic criticism of both the patent misuse doctrine as developed by the Supreme Court and the particular legal
Kimble v. Marvel Entertainment, LLC
Kimble_v._Marvel_Entertainment,_LLC
Pejorative term related to intellectual property
tool risk losing their patent rights if a defendant claims patent misuse. However, the misuse defense is difficult against a patent troll because antitrust
Patent_troll
Patent covering a technical standard
ABA Antitrust Section Spring Meeting (2003) by Janice M. Mueller. "Patent Misuse Through the Capture of Industry Standards", 17 Berkeley Tech. L.J. 623
Essential_patent
1942 United States Supreme Court case
(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
Morton Salt Co. v. G.S. Suppiger Co.
Morton_Salt_Co._v._G.S._Suppiger_Co.
This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial
Glossary_of_patent_law_terms
1980 United States Supreme Court case
States Supreme Court limiting the patent misuse doctrine and explaining the scope of the 1952 amendment of the patent laws that resurrected the contributory
Dawson Chemical Co. v. Rohm & Haas Co.
Dawson_Chemical_Co._v._Rohm_&_Haas_Co.
rejecting the defense of copyright misuse. On appeal, based on a recognition of the similarity to patent misuse, the holding was reversed, deeming the
Lasercomb America, Inc. v. Reynolds
Lasercomb_America,_Inc._v._Reynolds
American patent law
earliest or the earliest federal court decision to hold that it is patent misuse for a patentee to require licensees not to use a competitive technology
National Lockwasher Co. v. George K. Garrett Co.
National_Lockwasher_Co._v._George_K._Garrett_Co.
1971 United States Supreme Court case
Court patent–related decisions, the most significant of which is a 1969 patent–antitrust and patent–misuse decision concerning the levying of patent royalties
Zenith Radio Corp. v. Hazeltine Research, Inc.
Zenith_Radio_Corp._v._Hazeltine_Research,_Inc.
Transparent dental braces
and accused Align of patent misuse and double patenting. The countersuit cited much of the evidence raised in Align's previous patent case against Ormco
Clear_aligners
United States ongoing antitrust court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
FTC_v._Meta
1942 United States Supreme Court case
Court decision involving the patent misuse doctrine and the extent of remedies a court should award after finding a misuse that the patentee alleges it
B.B._Chemical_Co._v._Ellis
1938 United States Supreme Court case
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
Leitch Manufacturing Co. v. Barber Co.
Leitch_Manufacturing_Co._v._Barber_Co.
Lawsuit by Epic Games against Google
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Epic_Games_v._Google
Alleged conspiracy by GM and others to replace streetcar lines with buses
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
General Motors streetcar conspiracy
General_Motors_streetcar_conspiracy
Minneapolis-Honeywell Regulator Co., 320 U.S. 680 (1944)—are 1944 patent tie-in misuse and antitrust decisions of the United States Supreme Court. These
Mercoid_cases
Kimble v. Marvel Entertainment, LLC - Supreme Court, 2015. Patent misuse is governed by patent law policy, and need not comport with antitrust policy if
List of United States patent law cases
List_of_United_States_patent_law_cases
1917 United States Supreme Court case
of the patent misuse doctrine. It held that, because a patent grant is limited to the invention described in the claims of the patent, the patent law does
Motion Picture Patents Co. v. Universal Film Manufacturing Co.
Motion_Picture_Patents_Co._v._Universal_Film_Manufacturing_Co.
United States national patent bureau
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark
United States Patent and Trademark Office
United_States_Patent_and_Trademark_Office
Ongoing American antitrust lawsuit
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United States v. Live Nation Entertainment
United_States_v._Live_Nation_Entertainment
1931 United States Supreme Court case
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
Carbice Corp. v. American Patents Development Corp.
Carbice_Corp._v._American_Patents_Development_Corp.
2024 American court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United_States_v._Apple_(2024)
Patent with delayed publication
ruling to all claims under the patents in question. After claiming Evergreening Patent misuse Patent troll Term of patent in the United States U.S. Committee
Submarine_patent
2015 US federal appeals court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
O'Bannon_v._NCAA
1936 US law prohibiting price discrimination
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
Robinson–Patman_Act
Overview of and topical guide to patents
Patent classification Patent court Patent examiner Patent holding company Patent infringement Patent misuse Patent monetization Patent Office 1836 fire (United
Outline_of_patents
Practices that prevent or reduce competition in a market by a business or government
firms insulation from competitive forces Patent misuse and copyright misuse, such as fraudulently obtaining a patent, copyright, or other form of intellectual
Anti-competitive_practices
1982 US government action ending telephone monopoly
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Breakup_of_the_Bell_System
Topics referred to by the same term
Trouble Kimble v. Marvel Entertainment, LLC, Supreme Court decision on patent misuse Kimble (app), a cloud-based PSA software application Kimble Chase, an
Kimble
1964 United States Supreme Court case
contract calling for payment of patent royalties after the expiration of the licensed patent was misuse of the patent right and unenforceable under the
Brulotte_v._Thys_Co.
Antitrust case alleging domination of advertising
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United States v. Google LLC (2023)
United_States_v._Google_LLC_(2023)
Topics referred to by the same term
2003 first-person shooter PURGE command of Files-11 In patent law, in cases of patent misuse, discontinuance and elimination of anticompetitive effects
Purge_(disambiguation)
American court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
FTC_v._Microsoft
1990 federal antitrust suit
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Wilk v. American Medical Association
Wilk_v._American_Medical_Association
is essential for implementing e.g. a standard Patent misuse Patent thicket "Telecom standards face patent ambush threat". ZDNet. 2005-06-15. Archived from
Patent_ambush
2010 antitrust action
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
High-Tech Employee Antitrust Litigation
High-Tech_Employee_Antitrust_Litigation
Supreme Court of the United States cases in the area of patent law. List of United States patent law cases List of United States Supreme Court copyright
List of United States Supreme Court patent case law
List_of_United_States_Supreme_Court_patent_case_law
1911 U.S. Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Standard Oil Co. of New Jersey v. United States
Standard_Oil_Co._of_New_Jersey_v._United_States
Companies descended from Standard Oil
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Successors_of_Standard_Oil
2023 lawsuit brought against the multinational technology company Amazon
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
FTC_v._Amazon
United States congressional subcommittee
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Pujo_Committee
2001 American antitrust law case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United States v. Microsoft Corp.
United_States_v._Microsoft_Corp.
Lawsuit over real estate commission fees
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Burnett v. National Association of Realtors
Burnett_v._National_Association_of_Realtors
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
History of United States antitrust law
History_of_United_States_antitrust_law
Concept that requires parties to be honest in court processes
found to be misusing its patent to extend monopoly power beyond the claims of the patent (in this case, requiring that users of Morton's patented devices
Clean_hands_doctrine
2021 United States Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
National Collegiate Athletic Association v. Alston
National_Collegiate_Athletic_Association_v._Alston
1922 United States Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Federal Baseball Club v. National League
Federal_Baseball_Club_v._National_League
American academic and political movement
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
New_Brandeis_movement
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U
Term of patent in the United States
Term_of_patent_in_the_United_States
1982 case in U.S. antitrust law
of handsets and other landline telephone equipment via its control of patents, and discussions about breaking up the AT&T monopoly due to abuses of its
United_States_v._AT&T_(1982)
1976 American law
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
Hart–Scott–Rodino Antitrust Improvements Act
Hart–Scott–Rodino_Antitrust_Improvements_Act
1948 U.S. Supreme Court ruling on monopolistic practices by the film industry
necessary to profit from their copyrights: "The copyright law, like the patent statutes, makes reward to the owner a secondary consideration". The prohibitions
United States v. Paramount Pictures, Inc.
United_States_v._Paramount_Pictures,_Inc.
Antitrust case alleging domination of internet search
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United States v. Google LLC (2020)
United_States_v._Google_LLC_(2020)
history of United States patent law started even before the U.S. Constitution was adopted, with some state-specific patent laws. The history spans over
History of United States patent law
History_of_United_States_patent_law
US federal law
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
Clayton_Antitrust_Act_of_1914
American anti-monopoly government bureau
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
United States Department of Justice Antitrust Division
United_States_Department_of_Justice_Antitrust_Division
1914 US law establishing the Federal Trade Commission
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Federal Trade Commission Act of 1914
Federal_Trade_Commission_Act_of_1914
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Mergers and acquisitions in the United States railroad industry
Mergers_and_acquisitions_in_the_United_States_railroad_industry
United States federal law
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Interstate Commerce Act of 1887
Interstate_Commerce_Act_of_1887
United States federal law
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
McCarran–Ferguson_Act
1984 U.S. Supreme Court decision on antitrust
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
NCAA v. Board of Regents of the University of Oklahoma
NCAA_v._Board_of_Regents_of_the_University_of_Oklahoma
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Gamco, Inc. v. Providence Fruit & Produce Building, Inc.
Gamco,_Inc._v._Providence_Fruit_&_Produce_Building,_Inc.
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United_States_v._AT&T_(2019)
US federal regulatory agency (1887–1996)
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Interstate Commerce Commission
Interstate_Commerce_Commission
Category of allowable patent claim
States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The
Method_(patent)
American legal case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Robertson v. National Basketball Ass'n
Robertson_v._National_Basketball_Ass'n
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Publicity In Taking Evidence Act
Publicity_In_Taking_Evidence_Act
Private antitrust lawsuit
Intel, awarding AMD $10 million "plus a royalty-free license to any Intel patents used in AMD's own x86-style processor". In November 2009, Intel agreed
Advanced Micro Devices, Inc. v. Intel Corp.
Advanced_Micro_Devices,_Inc._v._Intel_Corp.
and it is captioned The Supreme Court on Patents.) See, for example, Kenneth J. Burchfiel, Patent Misuse And Antitrust Reform: "Blessed Be The Tie?"
Button-Fastener_case
United States federal antitrust broadcasting law
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Sports Broadcasting Act of 1961
Sports_Broadcasting_Act_of_1961
Historical practice of selling multiple films to a theater as a unit
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Block_booking
American law professor
Insufficiency of Antitrust Analysis for Patent Misuse (Hastings Law Journal, 2003) The America Invents Act 500: Effects of patent monetization entities on US litigation
Robin_Feldman
1913 United States Supreme Court case
decision involving whether a purchaser of a patented product bearing a price-fixing notice incurs guilt of patent infringement by reselling the product at
Bauer_&_Cie._v._O'Donnell
payment patent settlements, also known as "pay-for-delay" agreements, are a type of agreement that has been used to settle pharmaceutical patent infringement
Reverse payment patent settlement
Reverse_payment_patent_settlement
1895 United States Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United States v. E. C. Knight Co.
United_States_v._E._C._Knight_Co.
Right granted to the inventor
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that
United_States_patent_law
Anti-competitive business practice where a supplier limits the rights of the buyer
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
Exclusive_dealing
Type of legal settlement
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Consent_decree
2011 U.S. law reforming the patent process
S. patent system since the Patent Act of 1952 and closely resembles previously proposed legislation in the Senate in its previous session (Patent Reform
Leahy–Smith America Invents Act
Leahy–Smith_America_Invents_Act
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
Raising_rivals'_costs
1941 review of US radio networks
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Report_on_Chain_Broadcasting
US antitrust case concerning price fixing of e-books
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United_States_v._Apple_(2012)
United States government agency
Blake (June 10, 2024). "Amneal, US FTC win order removing Teva inhaler patents from FDA list". Reuters. Sisco, Josh (July 10, 2024). "Feds poised to sue
Federal_Trade_Commission
US law restricting disclosure of certain patents for national security reasons
all inventions in the United States for which a patent is filed or granted (35 U.S.C. § 181). Every patent application is reviewed, and thousands of inventions
Invention_Secrecy_Act
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
United_States_House_Judiciary_Subcommittee_on_the_Administrative_State,_Regulatory_Reform,_and_Antitrust
1912 United States Supreme Court case
repair parts secondary (photocopier) market where the defendant seller of patented and unpatented repair parts had market power. Accordingly, an antitrust
United States v. Terminal Railroad Association
United_States_v._Terminal_Railroad_Association
The second prong concerned patent misuse. According to the court, the legal tests for post-sale restrictions and for misuse were alike, outside the tie-in
Mallinckrodt, Inc. v. Medipart, Inc.
Mallinckrodt,_Inc._v._Medipart,_Inc.
United States v. Motion Picture Patents Co., 225 F. 800 (E.D. Pa. 1915), was a civil antitrust prosecution overlapping to some extent with the issues
United States v. Motion Picture Patents Co.
United_States_v._Motion_Picture_Patents_Co.
1965 United States Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
FTC v. Consolidated Foods Corp.
FTC_v._Consolidated_Foods_Corp.
American antitrust case
its patents to direct competitors, in its relevant product market (2) by placing an extra fee on rival chip sales through its licensing of its patent, and
FTC_v._Qualcomm
1959 United States Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Klor's, Inc. v. Broadway-Hale Stores, Inc.
Klor's,_Inc._v._Broadway-Hale_Stores,_Inc.
computer programs are explicitly mentioned in statutory United States patent law. Patent law has changed to address new technologies, and decisions of the
Software patents under United States patent law
Software_patents_under_United_States_patent_law
American legal doctrine
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
Rule_of_reason
2015 United States Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
North Carolina State Board of Dental Examiners v. FTC
North_Carolina_State_Board_of_Dental_Examiners_v._FTC
Legal doctrine in antitrust law
integration Mergers and acquisitions Monopolization Non-compete clause Misuse of patents and copyrights Predatory pricing Dumping (pricing policy) Product
Consumer_welfare_standard
United States law
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Newspaper Preservation Act of 1970
Newspaper_Preservation_Act_of_1970
1961 United States Supreme Court case
immunity doctrine Patent misuse Post-sale restraint Raising rivals' costs Relevant market Report on Chain Broadcasting Reverse payment patent settlement Rule
Tampa Electric Co. v. Nashville Coal Co.
Tampa_Electric_Co._v._Nashville_Coal_Co.
travel, tourism, insurance
PATENT MISUSE
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travel, tourism, insurance