Patentee's Warning Against Infringement Not A Breach of Licensing Agreement

Thursday, September 15, 2016

A patent owner notified its licensee of the owner’s intent to not renew a patent license under a Private Labeling Agreement (“PLA”) that included an exclusive purchasing obligation.  District Judge Catherine Blake ruled that the patent owner’s caution to the licensee to “take care to avoid any unlicensed activity” did not constitute a breach of the PLA, and did not relieve the licensee of its exclusive purchasing obligations under the PLA.  Structural Grp., Inc. v. Fyfe Co., LLC, No. CCB-14-00078, 2016 WL 4537762, *4 (D.Md Aug. 30, 2016).