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- Title
Exhausted or Unlicensed: Can Field-of-Use Restrictions in Biotech License Agreements Still Prevent Off-Label Use Promotion After Quanta Computer?
- Authors
Wicks, Kristal M.
- Abstract
The article discusses how the case Quanta Computer Inc. v. LG Electronics, Inc. should be construed and applied in the context of field-of-use restrictions in biotech license agreements and how a biotech licensor may sue for patent infringement. It offers an overview of the biotech industry and the role of patent licensing in the growth and continuation of the industry. It suggests that field-of-use restriction must define the scope of the license to avoid liability for patent infringement when a licensee promotes a drug for an unlicensed off-label use.
- Subjects
QUANTA Computer Inc. v. LG Electronics Inc. (Supreme Court case); QUANTA Computer Inc.; LG Electronics Inc.; LICENSE agreements; PATENT infringement; BIOTECHNOLOGY; ACTIONS &; defenses (Law)
- Publication
University of New Hampshire Law Review, 2010, Vol 9, Issue 1, p157
- ISSN
2325-7318
- Publication type
Article