[Ip-health] New US compulsory license: United States v. Thales S.A. and Gemalto N.V.; Proposed Final Judgment and Competitive Impact Statement

James Love james.love at keionline.org
Sat Mar 9 06:58:22 PST 2019

Not in the medical field, but an example of a fairly routine compulsory
license in the United States.  This one announced in the March 11, 2019
Federal Register (84 FR 8745).


I. “GP HSM Product” means a hardened, tamper-resistant general purpose
hardware security module and includes all add-ons, value-added features,
and accessories. “GP HSM Product” does not include the Vormetric Data
Security Manager, but does include any GP HSM Product that is incorporated
into or otherwise used with the Vormetric Data Security Manager.

M. Patents
Thales shall provide a worldwide, non-exclusive, irrevocable, perpetual
covenant not to assert against Acquirer or its customers in the field of
use of GP HSM Products all U.S. or international patents, patent
applications, or rights related to a patent or patent application (e.g.,
continuation, continuation-in-part, divisional, counterpart foreign
application, or related international patent application filed under the
Patent Cooperation Treaty), with a priority date or invention date prior to
the closing of the Transaction (a) related to the Divestiture Assets and
(b) owned, controlled, licensed, or used by Thales prior to the closing of
the Transaction.

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