Tag: Patent litigation

Defending the Patent Case – Make the Patent Holder Commit

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 down the patent holder’s positions as early as possible to improve your chances…

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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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