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Posted: February 2, 2007

Nanotechnology patent lawsuit ruling

(Nanowerk News) Hard on the heels of our Wednesday Nanowerk Spotlight on the growing problem of patent issues in nanotechnology ("Growing nanotechnology problems: navigating the patent labyrinth ") a U.S. company appears to have gained a significant legal victory in a dispute over a carbon nanotube patent.
A federal judge in Illinois has ruled that a company partner cannot gain control of a patent covering electron emissions from carbon nanotubes. U.S. District Court Judge Wayne Anderson granted Nano-Proprietary (Austin, Texas) injunctive relief that prevents partner Till Keesmann from gaining control over the patented technology.
Nano-Proprietary and Keesmann, a German citizen, concluded a patent licensing agreement in 2000. According to court documents, the deal gave Nano-Proprietary exclusive rights and a license covering Keesmann's carbon nanotube patent.
The company subsequently filed suit against Keesmann alleging that his attempts to terminate the licensing deal were invalid.
Keesmann is the owner of a fundamental patent (pdf download 104 KB) on electron emitting nanotubes that goes back to 1995.
"Keesmann, his agents, employees and all those acting in concert with him will be enjoined from terminating the license agreement or otherwise acting in violation of the license agreement," Judge Anderson ruled in granting Nano-Proprietary an injunction to stop Keesmann.
Other than posting the ruling on its Web site, Nano-Proprietary had no immediate comment on the case. The company keeps all the relevant legal filings and documents on its website.
Sources: eetimes; Nano-Proprietary Inc.
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