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   license to an invalid patent
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   Author  Topic: license to an invalid patent  (Read 1028 times)
Richard Stokely
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license to an invalid patent
« on: Mar 3rd, 2006, 8:00am »
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What happens when a patent is licensed to a few companies, then is later found to be invalid based on prior art not disclosed during the prosecution?   Is this a breach of contract?
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Isaac
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Re: license to an invalid patent
« Reply #1 on: Mar 3rd, 2006, 8:38am »
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What did the contract say would happen in such a case?
 
A finding that a licensed patent was invalid would not automatically invalidate a licensing agreement.    
 
In a related issue, under law to be reviewed by the Supreme Court, a licensee cannot even bring an action to challenge the validity of a patent in court while paying license fees.
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Isaac
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