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Infringement

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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It Ain’t Over ‘Til It’s Over- Federal Circuit Court of Appeals Strengthens Reexamination Process

On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of patent infringement defendants to invalidate patents via the ex parte reexamination process. The ex parte reexamination process allows anyone to ask…

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Has the Federal Circuit Vitiated the Application of “Vitiation” to the Doctrine of Equivalents?

Patent holders can prove infringement by showing that each element of a claim is literally present in an accused infringer’s product or that those elements which are missing have an “equivalent.” The latter approach is permitted under what is known as the “doctrine of “equivalents.” There is something of a conundrum in the way the…

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I Got a Cease and Desist Letter – What Do I Do?

  When patent holders want to let someone know that they are infringing their patent(s), they often send what is known as a “cease and desist” letter.  The letter usually mentions the patent number and the product the patent holder thinks is infringing and demands that you stop making, using, selling, or importing it, as…

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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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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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Defending the Patent Case – Make the Patent Holder Commit

Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case.  There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin down the patent holder’s positions as early as possible to improve your chances…

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Can I Make My Patented Product?—The Negative Monopoly Provided by Patents

  One of the most frequently misunderstood concepts in patent law is that it is a negative monopoly.  That means a patent provides a right to exclude other people from making, using, selling, offering to sell or importing what the patent claims.  However, that right to exclude does not confer a right to practice the…

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