Patent Disclaimer Dooms IP Split Among Subsidiaries

Law360, New York (October 2, 2012, 8:25 PM EDT) -- A judge has ruled that sets of patents subject to a disclaimer requiring them to be owned by the same company become unenforceable if they are owned by different subsidiaries, a decision attorneys said Tuesday highlights the importance of keeping close tabs on patent ownership, particularly for so-called patent trolls and other nonpracticing entities.

Acacia Research Corp. subsidiary Email Link Corp. sued Treasure Island LLC and several other Las Vegas casinos over an email patent subject to a so-called terminal disclaimer requiring it to be "commonly owned" with...
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