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The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates.
As the Supreme Court has made clear, "[t]he authorized sale of an article that substantially embodies a patent exhausts the patent holder's rights and prevents the patent holder from invoking patent law to control postsale use of the article".
This stipulation serves to protect the patent holder from another party making, selling or importing the drug during the period it is still under patent.
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That requirement is intended to prevent large, predatory patent holders from disguising themselves behind small shell companies, but it could also have negative effects on universities, Vaughn says.
To pinpoint specific examples, one need look no further than a provision in the SAIC guidelines that prohibits patent holders from refusing, "without justification," to license their patents "on reasonable terms" for the purposes of excluding or restricting competition.
In 1688 Betterton was removed from managerial control by Alexander Davenant, son of William Davenant, the original patent holder for the Duke's Company.
MGE, X-JM, and DS are patent holders for H:I and MGE is a patent holder for MGI.
Among the natives were some who could trace their lineage to the original land-patent holders from King William's time, others who were heirs of the Gilded Age gentry, and still others who descended from the old foundry workforce ("the yeomanry," Stewart called them).
The gene patent-holder, on the other hand, can prohibit the EST patent-holder from making and using the claimed full-length gene (but not other genes that might encompass the claimed EST).
Patents were normally divided into three categories; patents for a particular invention, patents exempting a patent-holder from legislation, and patents for a particular trade or industry.
Can a patent holder extract royalties from not only a licensed user of its patent, but also from the licensed users' subsequent purchasers?
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com