License drafters beware – patents may be subject to implied license if grandparents and uncles are expressly licensed

Cheetah v AT&T, Appeal No. 2019-1264, Fed. Cir., February 6, 2020. Cheetah Omni LLC (“Cheetah”) sued AT&T for patent infringement, and Ciena Communications intervened, as a manufacturer and supplier of allegedly infringing parts to AT&T.  AT&T and Ciena filed for summary judgement based on the allegation that the patent allegedly infringed was part of a […]

No Breach of Contract/Trade Secret Misappropriation where Marking Provisions weren’t Followed

I wish I would have had this case in my back pocket when I was in-house, counseling clients entering into NDA’s. It provides a great cautionary tale of what happens when you enter into an agreement with provisions that you don’t then follow.  Hoover Panel Systems