BOSTON, MA -- 08/15/08 --
Hi-tech companies face the fallout of a recent
Supreme Court decision that strips patent owners of rights they
traditionally held, James J. Foster of Wolf, Greenfield & Sacks, P.C.
writes in the current issue of New England In-House.
Its ruling in Quanta v. LG Electronics, "could have a substantial impact in
industries such as the electronics and computer industries, where the
largest companies, with hundreds, if not thousands, of patents, regularly
cross-license each other's portfolios to avoid internecine patent
litigation," writes the veteran patent litigator.
The decision -- a major expansion of the "exhaustion" doctrine -- limits
the ability of patent owners to demand downstream royalties from customers
of their licensees or other downstream purchasers.
"Patent owners will have to find ways to minimize its impact," Foster adds.
"In particular, the decision does not prevent the use of contractual
clauses or remedies to preserve or to replicate a patent owner's options."
Foster's article discusses the steps patent owners can take to blunt the
impact of the Quanta decision and covers the uncertainties about how it
might apply beyond the computer industry.
The article can be read in full at
www.newenglandinhouse.com/gateway.cfm?id=735. New England In-House is
published for in-house lawyers in New England.
Wolf Greenfield, the largest law firm in New England devoted exclusively to
intellectual property law, serves companies that make everything from
pharmaceuticals to software to electronics to snowboards, as well as
representing academic research centers. The firm counsels clients in the
areas of patents, trademarks, copyrights, designs, trade secrets, and
related licensing and litigation. Web: www.wolfgreenfield.com.
Contact:
Henry Stimpson
Stimpson Communications
508-647-0705
HStimpson@StimpsonCommunications.com
Sara Crocker
Wolf Greenfield
617-646-8231
scrocker@wolfgreenfield.com
