US Federal Circuit Narrows Patent Misuse Doctrine as a Defence to Patent Infringement

Princo Corp. v ITC, No. 2007-1386, 2010 US App. LEXIS 18101, US Court of Appeals for the Federal Circuit, 30 August 2010 (en banc) (‘Princo II’) Abstract A patent misuse defence requires more than a mere allegation of anticompetitive conduct. Legal context The patent misuse defence, a judicially created doctrine in US patent law, seeks […]

“America Thrives on Competition; Barbie … will too”

Mattel, Inc. v MGA Entertainment, Inc., Nos. 09-55673, 09-55812, 2009 US App. LEXIS 29187, US Court of Appeals for the Ninth Circuit, 22 July 2010. Abstract An overly broad constructive trust for the Bratz marks was overturned due to an improper ruling on summary judgment regarding the meaning of an employment agreement and other errors. […]