AAI Files Amicus Brief Urging the Federal Circuit to Apply Presumption of Unreasonableness to Restrictions on Separate Licensing by Participants in a Patent Pool

1/27/2010

AAI filed an amicus brief in the Federal Circuit Court of Appeals on January 26, 2010 urging the court to treat agreements by potential competitors in a patent pool not to license their patents outside the pool as "inherently suspect" and therefore grounds for patent misuse.  The case is Princo Corp. v. International Trade Commission and is being reheard by the full Court en banc.   A copy of the brief is available here.

The brief was written by AAI Advisory Board Member Jonathan Rubin and AAI Director of Legal Advocacy Richard Brunell with help from AAI Advisory Board Member Michael Carrier, Attorney Richard Wolfram, and Research Fellow Randy Stutz.