Patent Litigation

How Can They Get a Patent On That?—Invalidating Patents

“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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Recommended Reading – The Anatomy of a Patent Case

Patent litigation is unlike any other civil litigation.  Most civil litigation involves a cause of action, such as negligence or fraud, with a series of elements that must be met in order to win.  Patent litigation can be thought of in these terms, but it also involves claim construction proceedings, the doctrine of equivalents and…

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Sprechen Sie Patent? Learning How to Speak “Patent”

We have observed many instances in which clients and patent attorneys communicate with one another like “two ships passing in the night” because they operate from different paradigms when speaking about patent issues.  Such miscommunications may often go unnoticed and uncorrected.   Of course, this can result in bad business decisions and other problems depending on…

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