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Expert Analysis

Patent License Challenges As Compulsory Counterclaims

Law360, New York (April 25, 2013, 12:22 PM EDT) -- A recent Federal Circuit decision reminds me of a sign at my local Potbelly's sandwich store: "Gentlemen will behave; others must." A gentleman will open a door for a lady; the strategist prefers the high ground; and in this instance, a savvy patent licensee understands the imperative, when litigating with its licensor, to challenge the licensed patent. For the rest of us, this article discusses that imperative and its implications....

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