Vir2us v. Sophos — Fourth Circuit: Shared Source Code Alone Does Not Make Post-Acquisition Products ‘Derivations’ Under Patent License
The Fourth Circuit affirmed that Sophos’s post-acquisition antivirus products were not “derivations” of the named containerization products in a 2016 patent license agreement, even though they shared some common source code, because the shared code was inactive in the original products and the newer products did not originate from them.