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Archived updates for Tuesday, December 07, 2004

Essentiality Analysis for Patent Pools

According to a December 6, 2004 article in the National Law Journal (subscription required), companies involved in patent pools would be wise to make sure that an "essentiality analysis" has been properly performed on the patents in their pool. Performing an accurate essentiality analysis will ensure that the pool does not include an impermissible tying arrangement. The analysis calls for an independent patent evaluator to examine patents to be included in the pool and to identify those patents that are necessary, or essential, to practice the technology associated with the pool.
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