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Cisco Ruling A Road Map For What Makes A Patent Essential

July 31, 2013



Sutherland Partner Ann Fort was quoted in the Law360 article, “Cisco Ruling A Road Map For What Makes A Patent Essential,” on the recent ruling in In re Innovatio IP Ventures LLC Patent Litigation, Case No. 1:11-cv-09308, which held that patents asserted against Cisco Systems Inc. and others are essential to wireless network standards. This marks the first time a judge has determined what makes a patent standard-essential and will make it difficult for patent owners to escape promises to license essential patents on terms that are reasonable and nondiscriminatory. “With all the debate that's been going on legislatively and at the ITC about how to enforce standard-essential patents, I think this is a significant event,” said Ann. “It's going to shape the kind of relief that the trial judge is likely to order.”

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