Perspective
Oct. 6, 2010
Which Opinion in Princo Best Applies Recent Supreme Court Lessons?
A recent Federal Circuit decision argues three interpretations of the patent misuse doctrine. Which is correct? By Darin Snyder and Susan Roeder of O'Melveny & Myers.
The majority in the Federal Circuit's Aug. 30 en banc decision in Princo Corp. v. ITC narrowed the patent misuse doctrine to a bright-line, two-part test. A vigorous dissent defended a different, but equally categorical, test. A concurring opinion, by contrast, suggested that the court should not predefine the types of patentee conduct that might constitute patent misuse. All three opinions claimed support in Su...
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