"When is third party manufacture of licensed products allowed?" R. Eric Gaum, Esq. and Meghan Sheehan, Law Clerk

The recent case of CoreBrace LLC v. Star Seismic examines whether third party contractor manufacture of licensed products is included in the right to make, use, and sell a patented product. In this case, the U.S. Court of Appeals for the Federal Circuit analyzed the issue and ruled that the right to have made is inherent in a licensees right to make, use, and sell. Unless the license agreement demonstrates a clear intent to exclude the right to have made, a licensee is free to contract a third party to manufacture the licensed product.