Patent holders can prove infringement by showing that each element of a claim is literally present in an accused infringer’s product or that those elements which are missing have an “equivalent.” The latter approach is permitted under what is known as the
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A key decision for many accused infringers is whether to rely on an opinion of counsel to rebut a claim of willful infringement. A finding of willful infringement opens the door to the assessment of enhanced damages which can be as much
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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
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U.S. Patent Law requires that patent claims be sufficiently definite such that one of ordinary skill in the art could ascertain their metes and bounds. Accused infringers may seek to invalidate claims under 35 U.S.C. § 112, ¶ 2 if the claims
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When patent holders want to let someone know that they are infringing their patent(s), they often send what is known as a “cease and desist” letter. The letter usually mentions the patent number and the product the patent holder thinks is
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It is well-established that patent holders may not simply file patent infringement lawsuits in order to determine if a company may be infringing their patents. As interpreted by the Court of Appeals for the Federal Circuit, Rule 11 of the Federal Rules
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With the enactment of the America Invents Act (AIA), companies now have a wide array of tools for challenging and neutralizing patents before they become a threat. Each tool has its advantages and disadvantages, but collectively they may allow companies to head
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On August 31, 2012, a sharply divided en banc Federal Circuit Court of Appeals issued its opinion in Akami Technologies v. Limelight Networks. The case is significant in that it rewrites the rules for finding a party liable for inducing patent infringement.
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When I talk to lawyers who do not practice patent law, they often speak of the complexity of patent cases in terms of the scientific or technological issues involved. What many of them fail to understand is that quite apart from the
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The discovery rules in federal litigation provide a powerful mechanism for obtaining evidence necessary to defend against claims of patent infringement. However, anyone who has been through the process knows that it can be very difficult and contentious, especially when the stakes
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