Patent law; standards abuse
Article Abstract:
The proliferation of technical standards for the high technology industry and of patents to cover these standards is discussed. Defendants in such infringement suits have increasingly used defenses based on "standards abuse" of patent holders. Case law is discussed, as is the importance of maintaining complete records to prove any unwritten patent disclosure policy of the standards organization.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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File in haste, repent at leisure in Federal Circuit; bringing a premature claim for patent infringement may garner Rule 11 sanctions for counsel
Article Abstract:
View Engineering, Inc. v. Robotic Vision Systems is discussed, in which the U.S. Court of Appeals for the Federal Circuit upheld Federal Rule of Civil Procedure 11 sanctions against a law firm for frivolous pursuit of a patent infringement action, that court's first ruling dealing with the 1993 revision of Rule 11.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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Summary judgment of invalidity can aid defendant; Federal Circuit has increasingly affirmed rulings based on the on-sale bar and other grounds
Article Abstract:
Issues are discussed regarding the difference between an invalidity claim suitable to summary judgment and invalidity as a viable defense. Formulating a winning defense strategy calls for distinguishing between these options. Case law of the U.S. Court of Appeals for the Federal Circuit is discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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