Cellport Systems, Inc. v. Peiker Acustic GMBH & Co.
KG
In a case addressing whether royalties are due under a patent
licensing agreement even if the products are not covered by the
patents, the U.S. Court of Appeals for the Tenth Circuit affirmed
in part and reversed in part a lower court's decision to award
royalties, finding that royalties may be due so long as the
products are covered by text in the agreement acknowledging such
products do infringe. Cellport Systems, Inc. v. Peiker
Acustic GMBH & Co. KG, Case Nos. 13-1029, -1046 (10th
Cir., Aug. 5, 2014) (Lucero, J.).
Cellport Systems and Peiker Acustic entered into a licensing
agreement involving three Cellport patents and seven Peiker
products. The seven Peiker products were expressly identified
under the definition of "Licensed Products," which
provided that "all of such foregoing products and components
are, and any substantially similar products and
components would be, Licensed Products . .
."
