Frolow v. Wilson Sporting Goods Co.
There is no equitable doctrine of marking estoppel in patent law. Improper marking, however, may constitute a rebuttable extrajudicial admission that an article is covered by a patent.
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Microsoft Corp. v. Motorola Mobility, Inc.
In determining a RAND royalty rate for a patent essential to the implementation of an industry standard, a court may consider a hypothetical bilateral negotiation under the obligations of the RAND commitment and that patent’s importance to both the standard and resulting products.
Jazz Photo Corp. v. I.T.C.
The Federal Circuit holds that refurbishing single-use cameras that had been first sold in the U.S. is permissible repair under the doctrine of patent exhaustion.
Hydril Company LP v. Grant Prideco LP
A plaintiff may bring a Walker Process claim against a patentee based on threatened enforcement of a fraudulently-obtained patent against the plaintiff’s customers.
MedImmune, Inc. v. Genentech, Inc.
A licensee is not required to break or terminate a license agreement to create an actual case or controversy prior to seeking declaratory judgment that a patent covered by the license agreement is unenforceable, invalid, or not infringed.