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Recent U.S. Court Decisions And Developments Affecting Licensing

By John Paul and D. Brian Kacedon

1. Taxation of Patent Transfer Obtaining favorable capital gains taxation treatment on payments for transferring patent rights.

2. Reasonable Royalty Using patent litigation settlement agreements to support reasonable royalty damages in later litigation.

3. Infringement by Offers for Sale Avoiding liability for patent infringement when listing infringing products of third-party sellers on a website.

4. Litigation Bars by Collateral Estoppel Using a summary affirmance by the Federal Circuit to prevent infringement issues from being re-litigated.

5. Standing to Sue Challenging a litigation agent’s standing to sue for infringement and attempting to cure standing by joining the patent owner.

6. Patent Marking Attempting to avoid patent marking requirements by a retroactive disclaimer.

7. Willful Infringement Attempting to establish willful infringement based on activities by an infringer after it is sued for patent infringement.

8. Injunctions Losing the opportunity for injunctive relief by licensing patents to competitors.

9. Venue for Suit Dealing with new restrictions on where patent owners may sue for patent infringement.

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