Quote:
Originally posted by Mmmm, Burger (C.J.)
Why should you get anything more than your contract rights? I have no quarrel with a contract as you describe, and proper remedies for its breach. But if I sell you a horse on the condition that you sell it only to a horse meat maker and not to sunny, my only remedy if you do sell to sunny is a contract suit. But if I sell you viagra and limit your sales to TM, but you sell to Sebby instead, why should I be able to sue for patent infringement?
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because it is infringement unless you have some right to do it.