Friday, August 16, 2019

French Court: Licensee Must Pay Royalties Due Up Until Date of Nullification

The case is Thiéart SARL v. Alain B, Cour d'appel de Paris, April 5, 2019, PIBD 1119-III-311.  No big surprise, in my opinion, in the court's conclusion that the licensee must pay accrued royalties up until the date on which the patent is revoked; I think that's the rule pretty much everywhere.  The merits of the rule are debatable, though I'm inclined to think it makes sense, for reasons stated previously here; see also this subsequent post.  The court also rejected the licensee's arguments that the license contract was itself void for other reasons, and that the patentee had actionably disparaged the licensee.

No comments:

Post a Comment