Fed. Circ. Narrows Scope Of Patent Misuse Defense

Law360, New York (August 30, 2010, 12:48 PM EDT) -- In an en banc decision, the U.S. Court of Appeals for the Federal Circuit has articulated a narrow view of the patent misuse defense, rejecting Princo Corp.'s arguments claiming Philips Corp. and Sony Corp. made an illegal agreement to suppress the development of an alternative technology for making recordable compact discs.

The 78-page opinion issued Monday split the court 8-2 and overruled a April 2009 Federal Circuit panel decision that had revived Princo's patent misuse argument and reversed part of a ruling by the U.S. International...
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