Perspective
Jun. 17, 2009
Third Party Crashers
The Federal Circuit has clarified the law of patent licensing when it comes to third parties, write Rod S. Berman and Bernard R. Gans.
By Rod S. Berman and Bernard R. Gans
The Federal Circuit has clarified the law of patent licensing by holding that a license to make, use and sell "inherently" includes the right to have made, i.e., the right to hire a third party to make the product for it. The court's reasoning, however, is suspect in that it ruled without considering the exclusive rights provided under 35 U.S.C. Section 271(a), namely, the right to exclude others from ma...
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