Fed. Circ. Restores NY Times Mobile Alert Patent Row

Law360, New York (February 10, 2015, 4:18 PM EST) -- The Federal Circuit on Tuesday revived infringement suits against The New York Times Co. and others alleging they flouted several Helferich Patent Licensing LLC patents by sending breaking news text messages to mobile phones, saying a lower court used an overly broad application of patent exhaustion.

In a precedential ruling, a three-judge panel said that U.S. District Judge John W. Darrah was wrong to rule in August 2013 that because Helferich had granted mobile phone makers broad authority to sell handsets under its license agreements, it had exhausted its ability to enforce its patents against both the handset acquirers as well...

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