Yes. For instance, it is not misuse to grant only a limited number of licenses to a patent, to grant no licenses to a patent, or to completely suppress an invention by neither practicing it nor licensing it. Morton Salt Co. v. G.S. Suppiger, 314 U.S. 488, 493-94 (1941). It is up to the patentee to determine whether the invention will be exploited during the term of the patent.
Note, however, that there have been a few outlier cases where the courts have found this result to be so injurious to the public welfare that they have refused to enjoin infringement. Rite-Hite Corp. v. Kelley Co., 56 F.3d at 1547-48.
Note, however, that there have been a few outlier cases where the courts have found this result to be so injurious to the public welfare that they have refused to enjoin infringement. Rite-Hite Corp. v. Kelley Co., 56 F.3d at 1547-48.
RSS Feed