A competitor has a conflicting granted patent

If your competitor’s patents are based totally or partially on the same technology, it may be the case that neither of you has complete freedom of action (“freedom to operate”). The situation may arise, for example, in which you infringe a competitor’s patent, but the competitor also infringes one of your patents. You can sometimes resolve this stalemate by granting each other a cross-licence, as a result of which both you and your competitor are allowed to use the patents.

Arnold + Siedsma can advise you on conducting negotiations relating to cross-licences and the contractual definition thereof.

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