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Month: November 2012

Damages, Patent Litigation

Defending the Patent Case – The America Invents Act’s Advice of Counsel Provision

November 27, 2012stevehansenAIA, America Invents Act, Enhanced Damages, willful infringement

A key decision for many accused infringers is whether to rely on an opinion of counsel to rebut a claim of willful infringement.  A finding of willful infringement opens the door to the assessment of enhanced damages which can be as much
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Claim Construction, Invalidity

What Limitations Are There on the Breadth of Otherwise Novel and Non-Obvious Patent Claims?

November 19, 2012stevehansenenablement, written description

Clients are often surprised and perplexed at the breadth of patent claims their competitors obtain because they seem to go well beyond the descriptions and examples in their patents.  In our experience, patent lawsuits typically involve situations where the accused product is
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Patent Preparation and Prosecution, Patents

Patenting of Games

November 13, 2012stevehansenStatutory Subject Matter

Growing up in a pre-cable TV world, I played a lot of games such as Monopoly, Clue, Life, Chutes & Ladders, Checkers, Chess and countless others.  With all of the cases coming out about statutory subject matter in the last few years,
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Invalidity, Patent Preparation and Prosecution

Avoiding Indefiniteness Traps – Specifying Measurement Standards and Providing Examples

November 5, 2012November 16, 2012stevehansenIndefiniteness

U.S. Patent Law requires that patent claims be sufficiently definite such that one of ordinary skill in the art could ascertain their metes and bounds.  Accused infringers may seek to invalidate claims under 35 U.S.C. § 112, ¶ 2 if the claims
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AIA (4) America Invents Act (4) 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 (2) hair care (1) Indefiniteness (4) Inducement of Infringement (4) inequitable conduct (2) interrogatories (2) inventorship (3) non-obviousness (2) non-practicing entities (2) NPEs (2) obviousness (2) patent (3) patentability (8) patent invalidity (6) patent lawyer (1) Patent litigation (13) Patent Ownership (2) 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)

Recent Posts

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    by stevehansen
    January 27, 2025
  • Developing Your Invention
    by stevehansen
    December 23, 2024

Tag Cloud

Claim Construction (13) Infringement (13) Invalidity (26) Patentability (17) Patent Infringement (7) Patent Invalidity (13) Patent Litigation (40) Patent Preparation and Prosecution (36) Patents (42) Portfolio Development and Innovation (37) Reexamination and Post Grant Review (6)

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