Rembrandt IP Patents Exhausted by License
- May 16, 2011
The Federal Circuit Court of Appeals has ruled that Rembrandt IP cannot recover damages from HP and Canon for cable modem products using modem chipsets supplied by Conexant. Rembrandt IP had argued that Conexant products were not covered by an earlier license granted to Conexant parent, Rockwell, by the original patent assignee, AT&T. The ruling by the Federal Circuit states, “We affirm the district court’s decision that because Conexant is licensed, Rembrandt’s rights are exhausted and it cannot recover from Canon and HP, Conexant’s customers. We also affirm the district court’s grant of summary judgment on the invalidity of claims 3-11 of the ’236 patent for indefiniteness. We reverse the district court’s grant of summary judgment on the invalidity of claims 1 and 2 of the ’236 patent.” Other defendants in the case (including DIRECTV and AOL) were dismissed from the suit in 2009.