Monday, April 20, 2009

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)

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