Article: Patent Misuse Remedies
Via a reader:
This week on the Northwestern University Law Review Colloquy, Professor David McGowan presents an update to patent misuse remedies…Prof. McGowan argues that the reasoning of the Supreme Court’s opinion in Illinois Tool Works, Inc. v. Independent Ink, Inc. undercuts the reasoning behind the default remedy for patent misuse, which is that the patent in question may not be enforced against any party, not merely against the victim of the alleged misuse, until the misuse ceases and its effects are dissipated.
Because the remedy is not tailored to any probable harm from misuse, courts should take advantage of the Tool Works reasoning to pare back misuse remedies.
The essay can be found here:Â http://colloquy.law.northweste
rn.edu/main/2007/05/what_tool _works.html
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