Thursday, January 07, 2010
Ind. Decisions - "Contracts Trump IP Rights, 7th Circuit Says in Licensing Fee Dispute"
In an eloquent discussion of the ruling, Dennis Crouch of Patently-O explains that Xenon's Sidley Austin attorneys had tried to invoke the law of concurrent patent ownership, which generally holds that joint patent owners don't have to share licensing revenue. But both the district court and the 7th Circuit found that the rule doesn't apply when the parties have reached an agreement to the contrary. Even if that agreement does not explicitly revoke the law of concurrent patent ownership, the 7th Circuit concluded, the contract holds.
Posted by Marcia Oddi on January 7, 2010 07:57 AM
Posted to Ind. (7th Cir.) Decisions