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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