On November 26, 2018, visiting Judge Bataillon in the District of Delaware issued a judgment in favor of The Washington University in St. Louis and against Wisconsin Alumni Research Foundation (WARF) for breach of contract. WashU was awarded damages of $31.6 million for underpayment of royalty income under the parties’ inter-institutional license agreement (IIA). The litigation arose from a dispute between WashU and WARF about the relative value of different patents and allocation of royalties to those patents under the terms of the IIA.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...