Princo Corp. - How Deep Is the Patent Pool?
Below is a guest post from my colleague Merril Hirsh about a recent Federal Circuit decision on patent pools:
On April 20, 2009, the Federal Circuit issued a 2-1 decision in Princo Corp. v. Int’l Trade Comm’n, analyzing whether there was "patent abuse" in the operation of a patent pool used for compact discs. The majority held that patent pools that are "too deep" (because they include unnecessary patents) could constitute an abusive tying arrangement (but that this one did not); and that patent pool that are "too wide" (because they also restrict the development of potentially alternative technology) could constitute an abusive agreement not to compete (and this one might). Read more about this important decision here.
