Heather M. Schneider

Willkie Farr & Gallagher LLP

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Recently by Heather M. Schneider

En Banc Federal Circuit Decision Clarifies Permissible Conduct By Patent Pools And Other Joint Ventures Under The Patent Misuse Doctrine

In Princo Corp. v. International Trade Commission ,1the en banc U.S. Court of Appeals for the Federal Circuit addressed whether certain licensing practices related to a patent pool involving optical disc-related patents constituted patent misuse. The decision provides guidance for patent holders...

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U.S. Supreme Court Unanimously Reverses Federal Circuit In LG Electronics Case And Limits A Patent Holder's Ability To Demand Downstream Royalties On The Use Of A Product

On June 9, 2008, the United States Supreme Court reversed a decision by the U.S. Court of Appeals for the Federal Circuit in the closely watched battle between LG Electronics, Inc. ("LGE") and Quanta Computer, Inc. The decision restricts LGE's ability to demand royalties from Quanta, which had...

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FTC Requires Patentee To Fulfill Licensing Commitments To A Standard-Setting Organization To Prevent Consumer Harm

On January 23, 2008, the Federal Trade Commission (the "FTC" or the "Commission") announced a complaint and a proposed consent order with a patent licensing company, Negotiated Data Solutions LLC ("N-Data"), regarding patents related to the ubiquitous Ethernet computer networking standard.1With...

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Supreme Court Reverses Rule That A Patent Licensee In Good Standing Cannot Seek A Declaratory Judgment That The Licensed Patent Is Invalid, Unenforceable, Or Not Infringed

The Supreme Court's January 9, 2007 opinion in MedImmune, Inc. v. Genentech, Inc.1 alters the balance of power between patent holders and their licensees. A patent licensee is no longer required to terminate or breach its license agreement in order to seek a declaratory judgment that the licensed...

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