Implied License Recognized Following Six Year Relationship for the Marketing, Manufacture, and Sale of Infringing Products

Defendant granted plaintiff an implied license to its patent where, during the course of a six year business relationship, defendant "led [plaintiff] to build infringing products, marketed [plaintiff's infringing products] to third parties, sold [plaintiff's] infringing products, and despite [defendant's] knowledge, involvement, and power to restrict the practice, [plaintiff] sold products to third parties."

Mass Engineered Design, Inc. v. Ergotron, Inc., 2-06-cv-00272 (TXED April 17, 2009, Memorandum Opinion & Order)