Drafting Licenses, Settlements Under TransCore

Law360 (May 28, 2009, 12:00 AM EDT) -- The Federal Circuit Court of Appeals’ recent opinion in TransCore LP v. Electronic Transaction Consultants Corp., No. 2008-1430, --- F.3d ---, 2009 WL 929033 (Fed. Cir. Apr. 8, 2009), addresses the doctrines of patent exhaustion and implied license.

The decision creates uncertainty as to how — if at all — licensing agreements and infringement action settlements can be written to avoid precluding enforcement of patent rights against downstream infringers and parties who would otherwise be subject to suit for inducing or contributing to infringement by downstream...
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