No Patent Law Cause Of Action For Patent License Fraud Or Contract Breach

摘要

Affirming a district court's dismissal for lack of subject matter jurisdiction, the U.S. Court of Appeals for the Federal Circuit has held that receiving more than one royalty on goods using the same patented technology does not create a claim under the patent law's exhaustion doctrine. (ExcelStor Technology Inc. v. Papst Licensing G.m.b.H. & Co. KG, Fed. Cir., No. 2008-1140, September 16, 2008)rnThe court said that the plaintiff's appeal "fundamentally misunderstands the nature of the patent exhaustion doctrine." An expert in patent litigation suggested that the court may have wanted to send a message about the inadequacy of the plaintiff's advocacy.