United States Federal Circuit

Where the patent owner offered an industry-wide royalty-free license if the industry adopted the patent as an industry standard, but the industry declined to adopt the patent as a standard, accused patent infringers within the industry are not entitled to an implied license either through equitable estoppel, acquiescence, or conduct.

Appellate Information

• Decided 08/22/2001
• Published 08/22/2001

Judges

• RADER, Circuit Judge., Before CLEVENGER, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• E. Robert Yoches,Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for appellants in 01-1031 and intervenors in 01-1128, Winbond Electronics Corporation, et al.   With him on the brief were Doris Johnson Hines, and Kathleen A. Daley.   Of counsel were Wayne W. Herrington, R. Bruce Bower, and Yitai Hu. Of counsel were Sturgis M. Sobin, and Frederick David Foster, Ablondi Foster, Sobin & Davidow, P.C., of Washington, DC., Daniel Johnson, Jr., Fenwick & West LLP, of Palo Alto, CA, argued for appellant in 01-1031 and intervenor in 01-1128, Silicon Storage Technology, Inc., G. Brian Busey, Morrison & Foerster, LLP of Palo Alto, CA, for appellant in 01-1031 and intervenor in 01-1128, Sanyo Electric Co., Ltd. Of counsel were Karl J. Kramer and Robert L. McKague., Kirk R. Ruthenberg, Sonnenschein Nath & Rosenthal, of Washington, DC, argued for intervenors in 01-1031 and 01-1128, Macronix International Co., Ltd., et al.   With him on the brief was Lisa Pandohie Johnson.   Of counsel on the brief was Edward H. Rice, Sonnenschein Nath & Rosenthal, of Chicago, IL., Robert T. Haslam, Heller Ehrman White & McAuliffe LLP, of Menlo Park, CA, argued for appellant in 01-1128 and intervenor in 01-1031, Atmel Corporation.   With him on the brief were Stanley Young, and Andrew C. Byrnes.   Of counsel on the brief were Louis S. Mastriani, and Michael L. Doane, Adduci, Mastriani & Schaumberg LLP, of Washington, DC, Of counsel was Nitin Subhedar.


• For Appellees:
  
• Timothy Monaghan, Attorney, U.S. International Trade Commission, of Washington, DC, argued for appellee in 01-1031 and 01-1128, International Trade Commission.   With him on the brief were Lyn M. Schlitt, General Counsel;  Andrea C. Casson, Acting Deputy General Counsel;  Michael Diehl, and Jean H. Jackson, Attorneys.   Of counsel was James A. Toupin;  and Clara Kuehn, Attorneys.