Client Alert

| January 12, 2011

WiAV Solutions LLC v. Motorola, Inc.: The Federal Circuit Expounds a Slightly Lighter Burden for Exclusive Licensees

Exclusive licensees can breathe a small sigh of relief in light of the Federal Circuit's recent ruling in WiAV Solutions LLC v. Motorola, Inc. ("WiAV II"). The Federal Circuit rejected the district court's holding ("WiAV I") that the right of any other entity to grant sublicenses—even just to subsidiaries, affiliates, or joint development partners—for a patent at issue automatically defeats a licensee's claim of exclusivity and, consequently, its constitutional standing to sue.

This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent. For further information on Dewey & LeBoeuf, please visit www.dl.com. +1 888 532 6383