United States Federal Circuit

Where a corporation sells a division, along with rights relating to patents developed by that division, a pre-exisisting third party license does not encumber patents resulting from applications pending at the time of transfer.

Appellate Information

• Decided 03/01/2001
• Published 03/01/2001

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John G. Roberts, Jr., Hogan & Hartson L.L.P., of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Jonathan S. Franklin and Corey W. Roush.   Of counsel on the brief were David Vance Lucas, Senior Counsel, Intergraph Corporation, of Huntsville, Alabama;  and William L. Jaeger and Richard L. Grossman, Townsend and Townsend and Crew LLP, of San Francisco, California.


• For Appellees:
  
• Joel M. Freed, Howrey & Simon, of Washington, DC, argued for defendant-appellee.   With him on the brief were Celine T. Callahan and Cecil E. Key. Of counsel on the brief were Peter N. Detkin and Thomas C. Reynolds, Intel Corporation, of Santa Clara, California.   Of counsel was Mark I. Levy, Howrey & Simon, of Washington, DC.