MBHB Snippets: Review of Developments in Intellectual Property Law - Summer 2012 - Volume 10, Issue 3

McDonnell Boehnen Hulbert & Berghoff LLP
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In This Issue:

FRAND and Injunctive Relief: Exploring a Standard-Essential Patent Owner’s Right to Injunctive Relief; Does KSR’s “Common Sense” Make Sense? The Federal Circuit Adjusts Obviousness in Mintz v. Dietz & Watson; Generic Top-Level Domain Update; and, The Patent Exchange: A New Approach to Licensing Intellectual Property.

Except from FRAND and Injunctive Relief: Exploring a Standard-Essential Patent Owner’s Right to Injunctive Relief:

Introduction - Often, an industry-adopted technical standard includes technology covered by patents, and the owners of these patents agree to license the patents on fair, reasonable, and non-discriminatory (FRAND) terms as part of the standard-setting process. This article explores options available to the patent owners when a member of the industry declines to accept a license on terms deemed to be FRAND by the patent owner, and nevertheless, implements the standard.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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