Apple Inc. v. Qualcomm Inc.
If the injury is speculative or the outcome of a validity/infringement suit would otherwise have no effect on contract rights (e.g., royalty payments), no standing exists.
Results for Licensing
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Arctic Cat, Inc. v. Bombardier Recreational Products, Inc.
To recover pre-suit damages for an unmarked patented article, the patentee must provide actual or constructive notice to the infringer.
Motiva LLC v. International Trade Commission
Litigation alone is not substantial investment in a licensing program to satisfy the domestic industry requirement of § 337 at the time of filing an ITC complaint.
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.
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.
United States v. Glaxo Group Ltd.
In order to “pry open to competition” in a market closed by antitrust violations, an order for mandatory, nondiscriminatory sales (in the form of reasonable-royalty licensing) to all bona fide applicants may be appropriate relief.