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Month: June 2012

Patent Litigation

How Much Do You Have to Allege to Get Your Patent Infringement Claim Into Court?

June 25, 2012June 25, 2012stevehansenpatent infringement pleading standards

Answer: Not much, at least for direct infringement. In order for a patent holder to prove patent infringement, it must demonstrate that an accused infringer supplies a product or performs a method that comprises each limitation of at least one claim of
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Patent Preparation and Prosecution, Portfolio Development and Innovation

Industry Spotlight: So You Want to Patent a Medical Device?

June 18, 2012June 18, 2012stevehansenmedical devices

  We have had the pleasure of working with some inventors who have enjoyed huge success by developing cutting-edge medical devices.  This is an area that many people want to break into because it can be very profitable.  However, the medical device
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Invalidity, Patent Litigation, Patent Preparation and Prosecution, Patents

Defending the Patent Case: Applying KSR v. Teleflex

June 11, 2012June 9, 2012stevehansenKSR, obviousness

In KSR v. Teleflex, the Supreme Court described numerous reasons for combining or modifying prior art references in an obviousness analysis.   The Court also made clear that these reasons need not be explicitly set forth in the prior art references themselves.  In
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Patent Preparation and Prosecution, Patents

Patenting Strategies: Before You Appeal the Examiner’s Final Rejection . . .

June 4, 2012June 2, 2012stevehansenAppeals1 Comment

Once a USPTO examiner issues a “final” rejection against your patent application, your options become limited. They include 1) filing a Notice of Appeal to the Board of Patent Appeals & Interferences, 2) filing a Request for Continued Examination (“RCE”), 3) abandoning
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AIA (5) America Invents Act (5) America Invents Act (AIA) (2) Business Methods (2) claim construction (7) copyright (2) cosmetics (1) Damages (2) declaratory judgment (3) design patents (4) direct Infringement (2) discovery (4) divided infringement (3) enablement (5) expedited examination (2) foreign patents (3) Indefiniteness (4) Inducement of Infringement (4) inequitable conduct (2) interrogatories (2) inventorship (3) Joint Development (2) non-obviousness (2) non-practicing entities (2) NPEs (2) obviousness (2) patent (3) patentability (9) patent invalidity (6) patent lawyer (1) Patent litigation (14) Patent Ownership (3) patent portfolio development (6) patent prosecution (7) patents (7) patent search (3) provisional patent application (2) reexamination (3) right to use (2) software (3) Statutory Subject Matter (12) trade dress (2) willful infringement (3) written description (3) written description requirement (2)

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  • The Hazards of Joint Development of Intellectual Property – Allocating IP Rights
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Tag Cloud

Claim Construction (13) Infringement (13) Invalidity (26) Patentability (17) Patent Infringement (7) Patent Invalidity (13) Patent Litigation (41) Patent Preparation and Prosecution (36) Patents (44) Portfolio Development and Innovation (39) Reexamination and Post Grant Review (7)

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