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.
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.
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.