Flashcards Studio

Xynix Biotech, the owner of a Philippine patent on a solar-energy storage module, grants HelioForge, Inc. an exclusive license to manufacture and sell the module in the Philippines within the field 'grid-scale energy-storage devices' for 12 years. Territory: Philippines; the license prohibits sublicensing without Xynix's prior written consent and provides that Xynix shall not exploit the invention within the licensed field. After year 5, Xynix begins manufacturing and selling the same module in the Philippines for the same field. HelioForge sues for breach of contract and patent infringement. (a) Identify the controlling doctrine on the rights conferred by an exclusive patent license and the effect on the licensor's rights within the licensed field. (b) Distinguish exclusive licensing from non-exclusive and sole licenses and discuss whether the licensor may continue to exploit the patent in the field. (c) State the likely remedies and defenses available to HelioForge.