Seeking Royalties Beyond Patent Expiration: A Refreshed Look at Patent Misuse
By EsqSocial Corporation 02/05/25
Key Takeaway: A recent Ninth Circuit decision in C.R. Bard v. Atrium reinforces the long-standing Brulotte rule against post-expiration patent royalties but clarifies that courts should assess this strictly as a legal question, not based on intent or negotiation history. This decision underscores the importance of clearly drafted licensing terms, particularly in industries like life sciences where regulatory timelines may interact unpredictably with patent expiration....
By: Baker Botts L.L.P.