Intel Corp. v. Negotiated Data Solutions, Inc., No. 11-1448 (Fed. Cir. 2012)
Annotate this CaseIn the 1970s Intel and National developed semiconductor technology and entered into a cross-licensing agreement that gave Intel “non-exclusive, non-transferrable, royalty-free, world-wide licenses under NATIONAL PATENTS and NATIONAL PATENT APPLICATIONS to make, to have made, to use, to sell (either directly or indirectly), to lease and to otherwise dispose of LICENSED PRODUCTS,” for the life of the patents. “NATIONAL PATENTS” were: all classes or types of patents and utility models of all countries, “applications for which have a first effective filing date in any country prior to the date of expiration or termination of this Agreement, in respect of which, as of the EFFECTIVE DATE, or thereafter during the term of this Agreement . . . [has] the right to grant licenses of the scope granted herein.” The Agreement gave National similar rights in Intel’s patents. The agreement expired in 2003. In 2006, National’s successor sued an Intel customer, alleging infringement. The district court held that, under the Agreement, reissued patents should be treated as National Patents, agreeing with Intel that the intent was “to grant broad rights to all patents owned or controlled by the other party for the life of the patents ... and avoid future infringement suits.” The Federal Circuit affirmed.
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