Chinta & Fratangelo LLP

Claim to breach of “have made” rights a federal question if enforcement is a question of patent infringement

Claim to breach of “have made” rights a federal question if enforcement is a question of patent infringement

In ABB Inc. v. Cooper Indus. LLC, No. 2010-1227 (Fed. Cir. 2/17/2010), ABB took a license to a group of Cooper patents pertaining to a vegetable oil-based dialectric fluid called “Biotemp.”  The license purported to contain a “have made” provision prohibiting 3rd parties from manufacturing the claimed material.  ABB then outsourced manufacturing to Dow Chemical. Cooper […]