Setting A Lower Patent Misuse Standard?

Law360, New York (June 1, 2009, 12:00 AM EDT) -- In remanding part of U.S. Philips Corp.’s long-running infringement suit against Princo Corp., the U.S. Court of Appeals for Federal Circuit has asked the International Trade Commission (ITC) to articulate appropriate — and perhaps lower — standards for proving patent misuse if two companies agreed not to license separately from a package license technology potentially competitive with the pooled technology.

The court also announced an objective test for determining whether a patent comprises technology “necessary” to practice a technical standard to assess, in turn, allegations of...
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