Tuesday, September 22, 2009

Research Funding Agreement Granting "Unrestricted Rights" to "Results of Research" Did Not Convey License to Resulting Patent

Research funding agreements granting Intel "unrestricted rights at no cost to the results of [the funded] research" was vague with respect to the patent rights conferred to Intel, requiring consideration of extrinsic evidence to interpret the agreement. Considering such evidence, the court granted plaintiff's motion for summary judgment on Intel's express license defense, concluding: "All the parties’ dealings both before and after the [research funding agreements] indicate that the parties never intended that the agreements provide defendant an express license in intellectual property developed during the research period funded. No reasonable jury could find otherwise."

Wisconsin Alumni Research Foundation v. Intel Corp.,
3-08-cv-00078 (WIWD September 17, 2009, Order) (Crabb, J.)

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