Patent License Challenges As Compulsory Counterclaims
April 25, 2013, 12:22 PM EDT
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.
The decision in question is Cummins Inc. v. TAS Distributing Company Inc., 2010-1134, a Federal...