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The Business of Patents

Tag: enablement

How Did They Patent THAT?!!

On more than one occasion we have heard a client express surprise or frustration that the Patent Office issued one of their competitors a patent which seems invalid because it claims something known in the “prior art” or has some overly broad claims relative to the prior art. This can be especially frustrating if the client […]

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Defending the Patent Case: Using Section 112 Defenses Against Overly Broad Claims

Many, if not most, patent infringement lawsuits involve a patent owner asserting that its claims cover accused products that differ from the specifically described embodiments in the patent at issue. Patent owners typically want their claims construed broadly by the court so that they “read on” or encompass the defendant’s accused products.  Depending on the nature […]

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

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 not specifically described in the specification of the asserted patent yet the patent […]

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