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…
Read MoreInfringement
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…
Read MoreIt 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…
Read MoreOn 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…
Read MoreWhen 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…
Read MoreForcing 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…
Read MoreOne 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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