Recent Invitation Brief Filed
On Friday the Solicitor General filed this amicus brief expressing the government’s view that cert. should be granted in No. 06-937, Quanta Computer, Inc. v. LG Electronics, Inc. The petition, which was filed by Maureen Mahoney of Latham & Watkins, presents the question whether “a patentee’s federal patent rights are exhausted by a licensee’s authorized sale of an essential component that has no reasonable use other than in practicing the patented invention, when the patentee has purported to retain in its licensing agreement the right to pursue patent infringement claims against those who purchase the component from the licensee and use it for its only reasonable use.”
psst - there’s a typo in your question presented. It looks like you left out a line from the brief.
Comment by Elizabeth Nugent — August 28, 2007 @ 5:35 pm
For better or worse, here’s the full text.
QUESTION PRESENTED
Whether a patentee’s federal patent rights are
exhausted by a licensee’s authorized sale of an essential component that has no reasonable use other than in practicing the patented invention, when the patentee has purported to retain in its licensing agreement the right to pursue patent infringement claims against those who purchase the component from the licensee and use it for its only reasonable use.
Comment by Eric M. Freedman — August 28, 2007 @ 5:59 pm