Defense to patent infringement based on prior commercial use under AIA
Choice between patents or trade secrets Inventions may be protected either through trade secret or patent. Inventions that are accessible to the public and can be reversed engineered cannot be protected through trade secrets. Trade secret protection requires that the information remain a secret. In these cases, the invention must be protected through patents. However, [...]
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No patent misuse for patent pools that license competing technologies
After receiving a patent, a significant number of patentees license their invention to others. Sometimes, patentees attempt to extract more and more out of the licensee. However, when the patentee attempts to expand the scope of the patent too far then the licensee can assert the defense of patent misuse which can render the license [...]
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