Courts have become more actively engaged in patent issues that are on the legislative table. The U.S. Supreme Court’s issued decision in QuantaComputer v. LG Electronics, relating to patent exhaustion, will significantly affect how high-tech and biotechnology/pharmaceutical companies structure deals and licenses as well as how they procure their patent rights.
During this session, participants learned the effects of the case on various industries, including biotechnology versus electronics, and discussed questions such as:
How does Quanta affect the computer component maker and computer maker?
To what extent does the patent exhaustion ruling in Quanta impact the sale of seeds or self-replicating biotechnology cultures?
Possible strategies companies might employ in light of Quanta include:
Limiting rights to the licensee
Targeting licensee customers and end users for licenses
Creating clearer contractual obligations
Exploring claim drafting alternatives
Employing indemnification clauses
Foley Speakers
Pavan Agarwal, Chair, Electronics Practice
Stephen Maebius, Co Chair, Life Sciences Industry Team
Debra Nye, Senior Counsel, IP Litigation Practice
Harold Wegner, Partner, Chemical & Pharmaceutical Practice
Foley will apply for CLE credit after the Web conference.
