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Archives for September, 2012

Software Patents – What Evidence Should Be Required to File an Infringement Suit?

It is well-established that patent holders may not simply file patent infringement lawsuits in order to determine if a company may be infringing their patents.  As interpreted by the Court of Appeals for the Federal Circuit, Rule 11 of the Federal Rules of Civil Procedure requires that patent holders do the following prior to filing…

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Strategies for Leveraging the America Invents Act’s Tools for Challenging Patents

With the enactment of the America Invents Act (AIA), companies now have a wide array of tools for challenging and neutralizing patents before they become a threat.  Each tool has its advantages and disadvantages, but collectively they may allow companies to head off district court infringement suits before they can happen. The various tools are:…

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Federal Circuit Rewrites Law of Induced Infringement

On August 31, 2012, a sharply divided en banc Federal Circuit Court of Appeals issued its opinion in Akami Technologies v. Limelight Networks.  The case is significant in that it rewrites the rules for finding a party liable for inducing patent infringement.  The case could have significant impact in the enforcement of business method and…

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Are We Kidding Ourselves With Patent Jury Trials? Lessons from Apple v. Samsung

When I talk to lawyers who do not practice patent law, they often speak of the complexity of patent cases in terms of the scientific or technological issues involved.  What many of them fail to understand is that quite apart from the technology, the law itself is very complex.  Lawyers and judges often have difficulty…

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