Federal Circuit holds that an antitrust violation is not necessarily patent misuse | Practical Law
In Princo Corp. v International Trade Commission and U.S. Philips Corp., the Federal Circuit, sitting en banc, was presented with the question of whether an agreement between two collaborators to suppress a competitive technology would constitute patent misuse and so render the patent unenforceable during the period of misuse. The Federal Circuit Court of Appeals, "recognising the narrow scope of the [patent misuse] doctrine", found that an agreement did not constitute patent misuse. In the view of the dissent, this decision "emasculate[d] the doctrine so that it will not provide a meaningful obstacle to patent enforcement".