Patents - Span-Deck, Inc. v. Fab-Con, Inc.: Does a Licensee's Mere Cessation of Royalty Payments Constitute a Challenge to Patent Validity
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Authors
Fera, Richard Dennis
Issue Date
1983
Volume
16
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The doctrine of estoppel arises in the transfer of patent rights in two analogous situations--estoppel of an assignor and estoppel of a licensee. In the assignment of a patent the inventor transfers to the assignee legal title to the patent in exchange for royalties. If an assignor continues to manufacture the patented invention after an assignment, the assignee may bring an action for infringement. A patent license, however, is not a transfer of title. It only permits the licensee to manufacture, use or sell the patented invention for a royalty, free from any claim of infringement by the inventor...
Description
Citation
16 Creighton L. Rev. 1113 (1982-1983)
Publisher
Creighton University School of Law