Bottom line: Software patent specifications require disclosure of an algorithm for all means-plus-function limitations. Otherwise, the claim may be invalid for being indefinite. The problem may not be related solely to means limitations since a non-means limitation could be impliedly construed as a means-plus-function limitation even without using the trigger word … [Read more...]
Patent infringement
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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Can I Copy My Competitor’s Product?
Development of new product lines Businesses track new products and developments of their competitors. They attend trade shows, receive information from mutual clients about new products offered by others. In response, companies may attempt to introduce a competitive alternative. In doing so, they may reverse engineer (i.e., purchase and take apart) their competitors … [Read more...]
Does a restriction requirement disclaim non-elected species?
Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. However, the context of the parties and how the litigation arose provides insights on how U.S. companies might better protect … [Read more...]
When are damage calculations based on EMV rule?
Apportionment versus Entire Market Value Rule Damage calculations for patent infringement are based on an apportioned value of the patented feature to the overall accused product. Damages can be based on the entire market value which would increase the damages calculations. However, the patent owner has a satisfy a high bar before being allowed to do so.Apportionment … [Read more...]
Lost foreign profits recoverable by patent owners
Lost foreign profits are defined as profits that the patent owner could have made overseas or outside of the United States. Normally, patent owners can only recover for lost profits that they incur based on a competitor’s activity within the United States. To put it differently, patent owners generally cannot recover for lost foreign profits based on activity outside of the … [Read more...]
PTAB must resolve all challenged patent claims in IPR
Basic background of inter partes review An IPR refers to an inter partes review. The IPR is an administrative proceeding before the Patent Trial and Appeal Board (PTAB) of the USPTO in which a petitioner can request claims of a patent be invalidated to avoid patent infringement liability. The petitioner is normally a business competitor to the patent owner wherein the patent … [Read more...]
Collateral estoppel applies to similar claim terms in a patent family
Collateral estoppel is a legal rule that protects a party from having to litigate issues that have already been fully and fairly tried in a previous action and adversely resolved against a party-opponent. This rule can work against the patent owner or the defendant during litigation. Collateral estoppel works against the patent owner In general but not always, collateral … [Read more...]
How to establish USE of system claim to establish patent infringement?
A system claim is a claim directed to a system having a number of different components that work together. In Intellectual Ventures I LLC v. Motorola Mobility LLC (Fed. Cir. 2017), the patent claim being litigated was a system claim. The patent was directed to the broad concept of transferring computer files electronically from one location to another, and more particularly … [Read more...]