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Patent Litigation

Pitfalls in Policing Your Patent Rights

Patent holders are not obligated to police infringement or pursue infringers in order to keep their patents in force.  However, failing to address known acts of infringement can, in some cases, provide infringers with a defense called “laches” that can limit the amount of recoverable damages in an infringement lawsuit.  In addition, patent holders need…

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Procedural Mechanisms for Invalidating Patent Claims Due to Indefiniteness

One of the defenses available to an accused infringer is that the asserted patent claims are invalid for indefiniteness.  The Patent Statute requires that the claims of a patent “particularly point[] out and distinctly claim[] the subject matter which the applicant regards as his invention.”  35 U.S.C. § 112 (b) (formerly 35 U.S.C. § 112,…

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Invalidating Patent Claims For Failing to Include Required Aspects of an Invention

In last month’s blog, we discussed the Federal Circuit’s decision in X2Y Attenuators, LLC. V. International Trade Commission, a case which demonstrated how limiting descriptions of an invention in a patent specification can be used to restrict the scope of otherwise facially broad claims.  This month, in ScriptPro, LLC v. Innovation Associates, Inc.,the Federal Circuit…

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Federal Circuit’s X2Y Attenuators Decision Reinforces The Importance Of Drafting Patents For Litigation

On July 7, 2014, the Federal Circuit Court of Appeals issued an opinion in X2Y Attenuators, LLC v. International Trade Commission, which underscores the importance of carefully drafting patent applications with an eye toward litigation.  The decision also demonstrates why form often dominates over substance in patent litigation.  A copy of the opinion can be…

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Defending the Patent Case – Exploiting the Tensions in Patent Law in Inventor and Expert Depositions

A company accused of patent infringement has a large variety of defenses to deploy, including the following: 1. Non-infringement (i.e., the accused product does not practice the patent claims) 2. Prior art invalidity (i.e., the patent claims are not novel or are obvious in view of the prior art) 3. The Public Use or On-Sale…

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Patenting Improved Articles That Use Proprietary 3rd Party Materials

Under U.S. law, improved articles of manufacture may be patentable if they are novel and non-obvious. Sometimes, an inventor comes up with a new article that is faster, stronger, more flexible, more rigid, lighter, etc. by using new materials to make the article. If the article has never been made with those materials, and if…

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Have Your Cake and Eat It Too – Obtaining Broad Claims That Define a Device or Apparatus Based on How it Works

Pros and Cons of Apparatus and Method of Use Claims Devices or apparatuses can often be protected by using two kinds of patent claims: apparatus and method of use claims. Each approach has its benefits and drawbacks. In general, apparatus claims expand the class of direct infringers relative to method of use claims but are…

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Are You and Your Patent Attorney Challenging Each Other?

Since we have been living with managed medical care for some time, many people have become accustomed to the idea that they need to act as their own advocate when dealing with medical professionals.  Thus, we have become more comfortable with questioning our doctor’s opinions and the bases for them and with the idea that…

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Recent Federal Circuit Decision Limits ITC Authority to Block Importation of Goods Used to Infringe U.S. Patents

Last month, the Federal Circuit Court of Appeals issued an opinion that could have a significant impact on patent owners who seek International Trade Commission (ITC) exclusion orders to block the importation of goods used to infringe their patents.  In a 2-1 decision in Suprema, Inc. v. ITC, the Court held that the ITC cannot…

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Strategies for Using the Written Description Requirement to Invalidate Broad Patent Claims

In an earlier blog post (http://hanseniplaw.com/what-limitations-are-there-on-the-breadth-of-otherwise-novel-and-non-obvious-patent-claims/) we addressed the question of whether and to what extent U.S. law limits the breadth of patent claims that are otherwise novel and non-obvious. As we explained, both the Written Description and Enablement requirements of U.S. patent law may limit claim scope even if the prior art does not….

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