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 MoreTag: Patent litigation
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…
Read MoreOn 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…
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 More“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…
Read MorePatent 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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