In contrast to the BGH, the European Commission had demanded higher requirements for FRAND licensing offers by the patentee
In any event, the patentee
will be notified of any proposed
Table 1: Effect of Previous Judgments Claim Previously Found: Effect for Patentee
in Later Litigation: Infringed None/weakly positive Not infringed None/potentially negative Valid Weakly positive Invalid Fatal
fee, Lemley reasonably suggested that every patentee
who is a member of
Both the specification and the claims are drafted by the patentee
Post-MedImmune cases in the Federal Circuit and in lower courts insist upon a showing of affirmative acts from the patentee
indicating an intention to enforce his patent and affirmative acts from the declaratory plaintiff indicating that she is "ready, willing and able" to infringe the patents at any time in order to establish the legally cognizable interest required for justiciability.
injunction, the patentee
would not have to return to a court of law to
that a patentee
should obtain a monopoly covering the new and
Finally, gene patents obstruct any research that might implicate a claimed sequence, even as it relates to issues in which the patentee
is ostensibly uninterested.
indicated that the patentee
was entitled to substantial rights under a
For the patentee
to be entitled to an SPC the active ingredient (or combination thereof) must not have already been the subject of a certificate.
After researching the market sector, the patentee
needs to make a list of all the companies they wish to approach.