Authors
Michael Risch
Publication date
2010
Journal
Ind. LJ
Volume
85
Pages
1003
Description
Eliminating bad patents is supposed to be a good thing, and so federal law allows any interested party to challenge a patent's validity at almost any time. But the law goes a step further than merely conferring broad challenge rights. It also makes them nearly impossible to contract away. Instead, federal law voids any agreement'not to challenge a patent. While a contract ordinarily signifies a final resolution of all issues covered by its terms, no such peace exists in patent licensing.
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