A closer look at Ares Trading S.A. v. Dyax Corporation – The August 2024 Third Circuit decision in Ares Trading S.A. v. Dyax Corporation contributes to the discussion of Brulotte and its progeny. Similar to C.R. Bard v. Atrium, Ares addresses royalty obligations that extend beyond the life of the licensed patent. However, unlike C.R. Bard, the court in Ares held the royalty obligations at issue were not unenforceable under Brulotte….
By: DLA Piper
By: DLA Piper
