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Federal Circuit Issues En Banc Ruling on Patent Misuse
In Princo Corp. v. International Trade Commission, 2010 U.S. App. LEXIS 18101 (Fed. Cir. Aug. 30, 2010) (en banc), the Federal Circuit held that a patent pooling agreement between Philips Corp. and Sony Corp. did not constitute patent misuse of certain asserted pooled patents, even if the agreement resulted in the suppression of technology embodied in non-asserted pooled patents.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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