Intellectual Property
Aug. 27, 2009
License to Confuse
It is important for the parties in a patent license agreement to expressly address which third parties are covered and not covered under the license grant, write Jane Song and Julia Miller.
On May 22, the U.S. Court of Appeals for the Federal Circuit ruled in Corebrace LLC v. Star Seismic LLC, 2008-1502, that the right to "make, use, and sell" a patented product inherently includes the right for the licensee to have the product made for it by a third party. This holding may surprise many licensing practitioners whose common practice has been to include an express "have made" right in ...
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