The process of examining U.S. patent application is ex parte and does not involve third parties. The examination is based on the prior art that the applicant submits to the Patent Office and the prior art that the examiner uncovers in his
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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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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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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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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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This post may be helpful to those of you who litigate patent cases. While it is true that the most significant sources of claim construction evidence are the claim language, specification, and file history, courts often consider reliable sources of extrinsic evidence
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In February, I wrote a post called “Have You Checked Your Pending Patent Applications Lately”. The post concerned the evolving nature of technology as products are commercialized and the need to ensure that pending patent applications remain relevant and tuned to the
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The law of inventorship is not too difficult to state but can be very difficult to apply in practice. In general, only those individuals who contributed to the conception of the claimed invention in a patent should be named as inventors.
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This week, we follow-up on last week’s post on requests for production with a discussion of interrogatories. Before serving interrogatories, it is advisable to obtain all of the information you can about the topics below through publicly available information such as SEC
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Many patent litigation treatises or other secondary materials describe the types of discovery devices that can be used in patent cases, but few of them discuss what to seek—and why. Attorneys who are new to patent litigation often rely on exemplars of
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