Princo Corp. v. International Trade Commission

Case Number: CLB0264

Date: 08.30.2020

Citation: 96 U.S.P.Q.2d 1233 (Fed. Cir. 2010)

Patent misuse is a non-statutory defense to claims of patent infringement, and Congress has enacted 35 U.S.C. § 271(d) to limit its application. To be found guilty of patent misuse, the patentee must act to impermissibly broaden the physical or temporal scope of the patent grant with anti-competitive effect. Further, the misuse must be of the patent-in-suit.

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