Licensee estoppel is a doctrine under which a licensee of an intellectual property right, generally a patent or a trademark, is estopped from challenging the validity of the licensed property. The basis for the doctrine is the premise that a licensee should not be able to enjoy the benefit of an agreement and at the same time attack the validity of the intellectual property that forms the basis of the agreement.[1][2]
^Epstein, Richard A. (2010). "The Disintegration of Intellectual Property? A Classical Liberal Response to a Premature Obituary". Stanford Law Review. 62 (2): 455, 498. JSTOR 40649631.
^Adkins v. Lear, Inc., 67 Cal.2d 882 (Cal. 1967)("The theory underlying this doctrine is that a licensee should not be permitted to enjoy the benefit afforded by the agreement while simultaneously urging that the patent which forms the basis of the agreement is void.")
Licenseeestoppel is a doctrine under which a licensee of an intellectual property right, generally a patent or a trademark, is estopped from challenging...
by estoppel (US) Direct estoppelEstoppel by deed (US) Judicial estoppelLicenseeestoppel McDonald v Attorney-General Prosecution history estoppel, also...
distinguished the policies applicable to assignor estoppel from those applicable to licenseeestoppel. It therefore held that the doctrine of Lear, Inc...
seller's authority to sell"). Methods of the estoppel can be by words, by conduct, or by negligence. Estoppel by words, or representation by the original...
Inc. v. Adkins - Supreme Court, 1969. Overturned the doctrine of licenseeestoppel. Gottschalk v. Benson - Supreme Court, 1972. Held that an algorithm...
Lear, Inc. v. Adkins 395 U.S. 653 (1969) overturning the doctrine of licenseeestoppel in U.S. patent law Chimel v. California 395 U.S. 752 (1969) search...
Lear, Inc. v. Adkins 395 U.S. 653 1969 Overturned the doctrine of licenseeestoppel. Anderson's-Black Rock, Inc. v. Pavement Salvage Co. 396 U.S. 57 1969...
known infringer may give the defendant a defense of implied consent or estoppel when the suit is finally brought. Like patents and copyrights, trademarks...
United Kingdom relating to contract law, concerning consideration and estoppel. Specifically it concerned the effectiveness of "no oral variation" clauses...
arise by estoppel. And practically most important, licences can arise through a contract. This will set the terms of the land's use by the licensee. For example...
September 2017. Gottlieb, Glenn M. (July 1977). "Res Judicata and Collateral Estoppel in the Law of Partnership". California Law Review. 65 (4): 863–885. doi:10...
instead sued for copyright infringement, defendants could have claimed estoppel or implied license because machinima had been unaddressed for a long time...
Electric Co Ltd [1955] 2 All ER 657 is a cited case regarding promissory estoppel. Tool Metal was set up by its German parent company Krupp had to manage...
farmland, and woods Estate agent Estate for years Estate manager Estate tax Estoppel Et al. Et ux., Et uxor Et vir Evaluation Eviction Exclusive agency Exclusive...
lack novelty or inventive step. In United States patent law, an equitable estoppel barring a patent's seller (assignor) from attacking the patent's validity...
evidence is not permitted, leading to the absence of prosecution history estoppel. While US patent trials are heard by a jury, Canadian trials are heard...
summary judgement on MoonScoop SAS' contract", as well as "promissory estoppel claims" in the case; MoonScoop filed for an appeal the following month...
application fails unless it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the...
to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence)...
of nemo auditur propriam turpitudinem allegans, a civil law analogue of estoppel. (1996) C-194/94, [1996] ECR I-2201, regarding Directive 83/189 which said...
result by invoking the doctrine of estoppel: see Hopgood v Brown. But whether it be called an "equity" or an "estoppel," the fact remains that the successor...
and loose" with the judicial system as required in the minority view of estoppel. To first assert that its unfair competition and false designation of origin...
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