Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case. There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin
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As a follow-up to our original post on the Prometheus case, we did a search to see if there were other patents related to the ones struck down by the U.S. Supreme Court, i.e., U.S. Patent No. 6,355,623 and 6,680,302. These patents
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If your business is based on patented diagnostic test methods, you may want to pay attention today’s U.S. Supreme Court opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. In this case, the Court unanimously reversed the Federal Circuit Court of Appeals
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The patent infringement lawsuit filed by Yahoo on Monday has caused quite a stir. Not only has the timing of the suit raised eyebrows because of Facebook’s impending IPO, but so has the subject matter of the patents-in-suit. A closer look at
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The emergence of so-called “patent trolls” or their less pejorative name “non-practicing entities” (NPEs) has been a controversial topic for some time now. Those who become frequent target of NPE lawsuits are understandably hostile to NPEs or anything that increases their litigation
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One of the most frequently misunderstood concepts in patent law is that it is a negative monopoly. That means a patent provides a right to exclude other people from making, using, selling, offering to sell or importing what the patent claims.
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It is the great hope of most patent holders to sit back and collect royalty checks, hopefully with as little expense and difficulty as possible. Enforcing patents is difficult, time consuming, and expensive, so many patent holders hope to convince infringers to
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“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
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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
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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
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