Intellectual property

Generally, it will be hard to both have your cake and eat it too by keeping the license in place but ignoring any limitations in that license on the patent owners' ability to use the technology.

Generally, licenses called exclusive licenses can be either truly exclusive, meaning the patent owner can't practice the patented technology, or a "sole" license, which means the licensee is the only licensee, but the patent owner can practice the patent as well. That depends on the wording of your license.

If the license agreement does not permit the patentee to use the technology, another possible recourse is to determine under what conditions the patent owner can terminate the license. The agreement may provide conditions that allow termination. Also, termination may be available if the licensee has materially breached the agreement. If the license can be terminated, then the patent owner typicvally can practice the invention. Grounds for termination may be a failure to adquately bring the technology to market, depending on what obligations the license imposes on the licensee.

Of course the above is just general, and much of the answer in your case will depend on your specific facts, including the wording of the license in particular.

I agree with the first contributor and would like to add a couple of thoughts.

- If the license agreement obligates the licensee to produce and sell at least a specified minimum quantity and that level has not been met, you may have grounds to claim that the licensee has breached the agreement and, thus, you have the right to terminate it.

- It appears that you may have entered into the license agreement without properly researching the financial aspects of the invention and the license relationship. It's important to thoroughly understand the business, as well as legal, ramifications of any relationship before entering into it.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.