The Business of Patents
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 […]
Read more →On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of patent infringement defendants to invalidate patents via the ex parte reexamination process. The ex parte reexamination process allows anyone to ask […]
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 […]
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