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Category: Patent Litigation

Patent Invalidity, Patentability

Patenting Computer-Implemented Inventions May Have Gotten Easier

May 6, 2019stevehansenpatent eligibility, Statutory Subject Matter

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
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Patentability, Portfolio Development and Innovation, Uncategorized

Some Key Reasons to Conduct a Patentability Search

August 16, 2018stevehansenpatent 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
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Patent Invalidity, Patent Preparation and Prosecution, Patentability

Dangers of Discussing New Inventions at Industry Meetings or Conferences

July 24, 2018stevehansenprinted publications, prior art

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
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Patent Litigation

Pitfalls of Patent Cases Involving “Paradigm” or “Representative” Patents and Claims

February 23, 2016stevehansenparadigm claims, Patent litigation

Every patent claim in every patent is its own invention and stands on its own.  An accused infringer is liable for patent infringement if it infringes at least one patent claim in one asserted patent.  Some patent cases involve large numbers of
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Licensing, Patent Litigation

Monetizing Your Patents – The Dangers of Declaratory Judgment Jurisdiction

January 19, 2016stevehansendeclaratory judgment

Now you have your shiny, new issued patent, and you want to go forth and profit from it.  To do that, you need to let all of those “infringers” (okay, “potential licensees”) know that you have a patent and that they should
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Invalidity, Patent Invalidity, Patentability

The America Invents Act: This Isn’t Your Father’s On-Sale Bar

November 24, 2015stevehansenAIA, America Invents Act, On-Sale Bar

With the implementation of the America Invents Act (AIA), the United States went from a first to invent to a first inventor to file system of determining priority of patent rights. However, that was not all that changed with the implementation of
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Claim Construction, Infringement, Invalidity, Patent Infringement, Patent Invalidity

Federal Circuit Decision Concerning “Means-Plus-Function” Claiming

July 15, 2015stevehansenMeans-Plus-Function

When drafting patent claims for a device, it is often desirable to describe the device based on how it works instead of how it is structured.  Describing a device based on how it works is often referred to as “functional claiming.”  Claims
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Infringement, Invalidity, Patent Invalidity

Active Inducement of Infringement: A Good Faith Belief in Invalidity is Not a Defense

June 19, 2015stevehansenInducement of Infringement, willful infringement

On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., (Case No. 13-896, May 26, 2015). A copy of the slip opinion may be found here.  Active Inducement of Infringement: A Good Faith
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Damages, Licensing, Patent Litigation

Federal Circuit Clarifies Entire Market Value Rule

April 20, 2015stevehansenDamages, Entire Market Value Rule, Reasonable Royalty

Determining patent infringement damages is complicated and often borders on the metaphysical.  Under U.S. law, a patent holder is entitled to damages adequate to compensate for the infringement, but in no event less than a “reasonable royalty.”  In some cases, patent holders
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Claim Construction, Patent Invalidity, Patent Litigation

District Court Claim Construction Factual Findings Reviewable for “Clear Error”

January 26, 2015stevehansenclaim construction, extrinsic evidence, Indefiniteness, Patent litigation

The claims of a U.S. Patent define the scope of the patent holder’s right to exclude.  In its 1996 Markman decision, the U.S. Supreme Court held that disputes over the meaning of claim terms are an issue of law to be decided by a
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Recent Posts

  • Carefully Consider the Actors and Likely Implementations of Web-Based Systems You Seek to Patent
    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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