Antitrust counterclaims in patent infringement litigation: clarifying the Supreme Court's enigmatic Mercoid decision

Article Abstract:

The author explains the Supreme Court's 1944 holding in Mercoid Corp. v. Mid-Continent Investment Co., the origin of the controversial use of antitrust counterclaims in patent infringement litigation.The conclusion is that such counterclaims in patent infringement litigation fall into the permissive category under Rule 13(b) and thus may be tried separately if strategically feasible.

Interpretation and construction, Antitrust law

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What it means to "entirely vitiate" a claim element in light of Warner-Jenkinson

Article Abstract:

Issues are discussed regarding the implementation of the Federal Circuit's Warner-Jenkinson holding rejecting a theory of equivalents entirely vitiating a claim limitation. When faced with a claim of infringement by equivalents, patent defendants should use the language of the claims and the intrinsic record to determine the appropriateness of the theory of equivalents.

Equivalents doctrine (Patent law)

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Protecting patents from the beginning: the importance of information disclosure statements during patent prosecution

Article Abstract:

The importance of filing comprehensive information disclosure statements (IDS) to ensure the validity and enforcability of a US patent and during patent prosecution is discussed. The appropriate format to be used, the timeliness of submission and what an IDS must disclose are outlined. The consequences of intentional and unintentional non-disclosure are also discussed.

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