A New Jersey federal court ruled that the doctrine of patent exhaustion can be the basis for dismissal of a patent infringement suit against a customer’s manufacturer, where the patent owner offered the customer a covenant not to sue – even if that offer was subject to certain conditions and therefore never accepted. In Re…
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Technology Worldwide (TechWW) is a blog published by Shaked & Co. It provides periodic information and perspectives of interest to the international technology and business communities with respect to developments in technology law, licensing and intellectual property. Writers include S & C attorneys as well as guest contributors. TechWW does not provide legal advice.
Court Dismisses Patent Case because Co-Inventor Not a Party
The US District Court for the Southern District of California dismissed a patent infringement case for lack of jurisdiction because a co-inventor on the patent was not joined as a party. In 2013, plaintiffs Alpha One Transporter, Inc. and American Heavy Moving and Rigging, Inc. filed a complaint against defendant Perkins Motor Transport, Inc. The…
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Ninth Circuit: Don’t Rely on Browsewrap as Assent to Terms of Use
The Court of Appeals for the Ninth Circuit has warned website owners that if they are not active in ensuring user assent to their terms of use, those terms may be deemed unenforceable by the courts. The case involved an online purchase of discontinued Hewlett-Packard Touchpads on the Barnes & Noble website. Kevin Khoa Nguyen…
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Former Engineer Says Raytheon Owes Him Patent Royalties
A former Raytheon engineer has sued the company for patent royalties, based on what he said was a verbal agreement that he would be paid if the company used his patented invention. Nagui Mankaruse, who has a PhD. In mechanical engineering from USC, invented a device for cooling missile defense radar systems. He was issued…
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