Compulsory patent licensing: Real threat, or remote possibility?

CHAL 45

Joseph A. Yosick, jyosick@usebrinks.com, Brinks Hofer Gilson & Lione, NBC Tower #3600, 455 N. Cityfront Plaza Dr, Chicago, IL 60611
Some commentators have argued that the Supreme Court's decision in eBay v. MercExchange (2006) would weaken the right of patentees to obtain injunctions to prevent infringing activity, and in fact could act as a compulsory license scheme. However, many foreign patent systems already specifically provide for compulsory licensing of certain patents. The threat of compulsory licensing is of particularly concern for owners of pharmaceutical patents. Both U.S. and foreign patent systems will be examined to determine the risk of compulsory licensing to a patent holder.