Transcore, LP v. Elec. Transaction Consultants Corp., No. 2008-1430 (Fed. Cir. Apr. 8, 2009):
Holding: An unconditional covenant not to sue authorizes sales by the covenantee for purposes of patent exhaustion.
Comments: According to the Federal Circuit, a covenant not to sue is essentially a nonexclusive patent license.
Takeda Pharm. Co. v. Doll, No. 2008-1131 (Fed. Cir. Apr. 10, 2009):
Holding: For purposes of double patenting analysis, the relevant time frame for determining whether a product and process are “patentably distinct” should be at the filing date of the secondary application.
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