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Author Topic: Have made rights  (Read 3387 times)

savet0night

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Have made rights
« on: 07-28-10 at 11:04 am »

Hi all,

I have a question about how far make rights (including have made rights) extend. Consider the following scenario: Company A owns IP consisting of xy. Company A licenses the IP to customer B, including make rights. Customer B contracts Manufacturer C to create the technology. Normally this would be allowed under CoreBrace v. Star Seismic. However, the situation becomes tricky in the following scenarios:

1) Customer B contributes 'x' and Manufacturer C contributes 'y' in order to make the IP owned by Company A. Would Manufacturer C be in the clear in this situation?
2) Customer B doesn't contribute anything, Manufacturer C contributes 'xy'. Same question as above.

If you could cite any precedent that would be helpful. Thanks in advance.
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JSonnabend

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Re: Have made rights
« Reply #1 on: 07-29-10 at 06:06 am »

Why is this tricky?  Does Company A own sufficient rights in the patent to license Company B as it has done?

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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upstatescip

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Re: Have made rights
« Reply #2 on: 07-29-10 at 06:48 am »

How does Co. A have patent rights to an invention to license when the technology has not been created yet?
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