The threshold bar for being able to successfully petition the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) to initiate the covered business method review used to be low. See Versata. However, in Secure Axcess, LLC v. PNC Bank (Fed. Cir. 2/21/17), the Federal Circuit raised the threshold standard so that only claims that have a … [Read more...]
Patent infringement occurs when a person directly infringes a patent or indirectly contributes or induces another party to infringe the patent through the manufacture, use, offer to sell, sale or importation of a product covered by a patent claim into the United States.
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The words that one uses in describing the invention in a patent application have significant impact as to the claim scope in any patent that might mature from the patent application. In MPHJ Technology Investments, LLC v. Ricoh Americas Corporation (Fed. Cir. February 13, 2017), a non-provisional patent application which was identical to its corresponding provisional patent … [Read more...]
The Supreme Court increased patent indirect infringement liabilities for companies that make and sell some but not all of the components of the patented product here in the United States then assemble the patented product overseas. For example, if a competitor makes more than one but not all of the components of the patented product here in the United States, a patent owner can … [Read more...]
One of the difficulties of securing a patent based injunction was that it was difficult to prove that the harm to the patent owner was irreparable or that monetary compensation was not enough to make the patent owner whole due to the infringement of the patent. In Metalcraft v. Toro Co. (Fed. Cir. 2017), the Federal Circuit provided a basis for establishing irreparable harm … [Read more...]
What is a patent based injunction? A patent based injunction prohibits an infringer from stepping on the rights of the patent owner. The patent grant gives the patent owner the right to exclude others from selling a patented invention among other things. If the infringer continued to sell its version of the patented invention, then the patent rights of the patent owner would … [Read more...]