Patent Litigation

Defending the Patent Case – Make Sure to Serve This Interrogatory

Patent cases are very discovery intensive, and many courts now have “patent local rules” that provide regulated process by which plaintiffs disclose their infringement contentions (i.e., explanations of why the defendant’s acts infringe the plaintiff’s patent) and by which defendants disclose their invalidity contentions (i.e., explanations of why the plaintiff’s patent claims are invalid). These…

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Can I Patent a New Way of Using an Existing Product?

Lately, we have had several inquiries about whether it is possible to patent a new way of using an existing product.  The answer is “yes”.  This type of patent is typically called a “method of use” patent.”  A method of use patent has claims that recite a sequence of steps, and in some cases, the…

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Patentability Searches versus “Right to Use” Searches

Clients often ask us to perform patentability searches to determine whether it’s worth seeking a patent for an invention. The focus of a patentability search is to determine if an invention is novel, i.e., whether all of its features have been disclosed in a single prior art reference. The purpose of a patentability search is…

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Drastically Increase Your Chances of Getting a Patent

Today, we want to discuss something you can do in your patent applications to drastically increase your chances of getting them granted as patents. In order to get a patent, an invention has to be novel, and it has to be non-obvious.  An invention is “novel” when no single piece of prior art discloses all…

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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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Patenting New Methods of Treatment Using Known Compositions

One question that comes up from time to time is whether you can get apatent on a new method of treatment (sometimes called a new “indication”) using an existing chemical composition.  The answer is “possibly.” If a chemical composition is known, you cannot obtain a patent to the chemical composition itself.  The US Court of…

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Why Do I Need All These Details to Get a Patent?

Lately we have been working some inventors who are newer to the patent process, and they are often concerned about providing details about the embodiments of their inventions. Their concern is that when we ask for this information, it means we are narrowing the scope of their invention.   However, that is not the case. We…

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Patenting Computer-Implemented Inventions May Have Gotten Easier

In recent years, it has become increasingly difficult to patent computer-related inventions such as those concerning smart phone and web applications or even more specialized computer programs used in industry.  The US Patent and Trademark Office (USPTO) has been applying the US Supreme Court’s ruling in Alice Corp. v. CLS Bank International, 573 U.S. 208,…

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Some Key Reasons to Conduct a Patentability Search

When we first meet with a client who is interested in getting a patent, we ask whether they have conducted a patentability search and whether they wish to do so before incurring the expense of preparing a patent application. Many are reluctant to do so because they think they “know” the market for their invention….

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Dangers of Discussing New Inventions at Industry Meetings or Conferences

Companies often want to discuss some of their latest innovations at industry conferences to establish their technical prominence and build their brand. Inventors who are academics often want to describe their work to their peers to develop their reputations in their chosen fields. While such activities are commonplace, they need to be coordinated with patent…

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