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Archives for June, 2012

How Much Do You Have to Allege to Get Your Patent Infringement Claim Into Court?

Answer: Not much, at least for direct infringement. In order for a patent holder to prove patent infringement, it must demonstrate that an accused infringer supplies a product or performs a method that comprises each limitation of at least one claim of a patent.  Many times, a patent holder may suspect that infringement is occurring,…

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Industry Spotlight: So You Want to Patent a Medical Device?

  We have had the pleasure of working with some inventors who have enjoyed huge success by developing cutting-edge medical devices.  This is an area that many people want to break into because it can be very profitable.  However, the medical device market is very competitive, and the players are sophisticated.  In order to succeed,…

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Defending the Patent Case: Applying KSR v. Teleflex

In KSR v. Teleflex, the Supreme Court described numerous reasons for combining or modifying prior art references in an obviousness analysis.   The Court also made clear that these reasons need not be explicitly set forth in the prior art references themselves.  In particular, the Court stated that “As our precedents make clear, however, the [obviousness]…

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Patenting Strategies: Before You Appeal the Examiner’s Final Rejection . . .

Once a USPTO examiner issues a “final” rejection against your patent application, your options become limited. They include 1) filing a Notice of Appeal to the Board of Patent Appeals & Interferences, 2) filing a Request for Continued Examination (“RCE”), 3) abandoning the application (possibly in favor of a continuation application), and 4) making amendments…

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