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Tag: Patent litigation

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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Defending the Patent Case – A Tale of Two Cases

In our experience, many patent cases are actually a tale of two cases: The case based on the patent holder’s interpretation and application of the claims and the case based on the accused infringer’s interpretation and application of the claims.  Both cases involve the same set of patent claims. However, they often involve conflicting ways…

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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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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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Yahoo v. Facebook–Facebook Returns Fire

On April 3 Facebook answered Yahoo’s patent infringement complaint in the pending lawsuit in the Northern District of California.  As many people predicted, Facebook also alleged patent infringement claims against Yahoo based on 10 of Facebook’s patents.  We discussed Yahoo’s patents and the likelihood that statutory subject matter issues would play a prominent role in…

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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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How Can They Get a Patent On That?—Invalidating Patents

“How can they get a patent on that”?  This is a question I’ve heard countless times from clients after receiving a cease and desist letter threatening to sue them for patent infringement.  Patent examination is ex parte, so only the applicant and the examiner are involved.  The examiner is the gate keeper of the system…

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Recommended Reading – The Anatomy of a Patent Case

Patent litigation is unlike any other civil litigation.  Most civil litigation involves a cause of action, such as negligence or fraud, with a series of elements that must be met in order to win.  Patent litigation can be thought of in these terms, but it also involves claim construction proceedings, the doctrine of equivalents and…

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