The proprietor of a patent who has granted an exclusive license to a third party, has the right – in case of patent infringement – to assert its own claims against the infringer if said proprietor has gained continuing economic advantage from having granted the license. If the patentee is the sole shareholder of licensee and shares in the profit earned by the licensee, this is sufficient to fulfill the requirement of ‘continuing economic advantage’.

Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF