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Questions tagged [litigation]

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How would you find someone with expertise on selling to Patent Assertion Entities?

I've tried googling all sorts of different sentences trying to find information on PAEs. Nothing that comes up is of any use. Here is my situation: My patent was granted in 1 country, pending in ...
zunior's user avatar
  • 133
0 votes
3 answers
69 views

Is it possible for patents to have trade secrets?

Is it possible to omit miscellanous or detailed mechanisms which directly depend on the main mechanism of an invention from a patent. e.g. say A is the main mechanism for an invention, B mechanism ...
linker's user avatar
  • 113
1 vote
1 answer
70 views

Claim Interpretation 35 USC 112

Is it possible to use Claim interpretation under 112 sixth paragraph (35 USC 112 (f)) only for patent invalidation without using 112 second paragraph (35 USC 112 (b))?
Rakesh_Sharma's user avatar
1 vote
1 answer
56 views

Materials for learning about patent litigation and valuation?

I'm an engineer with a fair bit of business and strategy experience. I also read several books about patents, large parts of the Manual of Patent Examination Procedure (MPEP), many patent documents, ...
MrFu's user avatar
  • 261
3 votes
3 answers
162 views

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

In a concrete example, the patent application describes a particular method and, as part of the enabling disclosure, reports certain detector readings as confirmation of the expected outcome i.e. ...
MrFu's user avatar
  • 261
29 votes
7 answers
7k views

Is it worth patenting an algorithm if I don't have the money to defend against infringements?

I have some algorithms that I am considering patenting, but I wonder whether I should just trust that rivals won't simply read the patent papers and copy my ideas. While I hope that my inventions ...
DonkeyBoy's user avatar
  • 413
1 vote
1 answer
137 views

How to deal with prior art with absurdly broad claims?

Suppose there is a patent with claim A that is filed five years ago. It might not be perceived as "obvious" five years ago but it is very common nowadays. Suppose John wants to file a patent ...
user3667089's user avatar
0 votes
1 answer
45 views

How is the truth established in court for cases involving truly high-tech patents?

How are truly high-tech cases requiring specialized knowledge decided in court? Either side, if we are talking about big companies, can hire experts who will testify to whatever is needed. The judges ...
MWB's user avatar
  • 264
4 votes
1 answer
123 views

Is there a custom or policy of obfuscating dangerous details in patents?

I was reviewing an expired U.S. patent for a clever industrial process that is sufficiently dangerous that it should not be attempted by people not skilled in the art. Throughout the patent, ...
feetwet's user avatar
  • 145
1 vote
2 answers
70 views

Is there a patent litigation damages threshold for a legal case to be accepted?

Is there a damages threshold below which a US judge would not accept a patent litigation case? Let's say defendant demonstrates that plaintiff would at most get 10k $ in damages in questionable patent ...
alex's user avatar
  • 360
5 votes
1 answer
2k views

Does Invalidation of Independent claim affect dependent claim?

Situation(pertains to US): Patent "P" has 10 claims of which Claims 1, 3, 6 were held to be invalid in Federal Court litigation. What happens to the rest of the claims in the Patent? Can the patentee ...
user13863's user avatar
1 vote
3 answers
96 views

Patent infringement litigation - bad faith

What would generally indicate accusing party's bad faith in patent litigation? Let's say accusing party knows their patents are very weak/narrow but pretends that proper interpretation is the widest ...
john's user avatar
  • 410
1 vote
1 answer
109 views

Where to get patent litigation dockets?

Is there a way to get court trial documents for specific case?
alex's user avatar
  • 360
4 votes
3 answers
230 views

When a patent infringment litigation is considered frivolous?

Where is the line telling that a litigation is basically a bullying tool for a patent holder? Accusing party is providing software patent infringement arguments that are laughable to one skilled in ...
john's user avatar
  • 410
2 votes
1 answer
92 views

Possible US court sanctions over EU company in software patent infringment case

What are the possible sanctions from US court if a EU company decides that continuing software patent litigation is useless but is not willing to make a deal with accusing party. In other words ...
john's user avatar
  • 410
2 votes
1 answer
168 views

Which is better, to patent or keep secret

If I publish my trade secrets in a patent, surely it will be copied and the cost of litigation will be on me. Microsoft is a good example of a patent vampire. I did look into registering a US patent ...
peterretief's user avatar
2 votes
3 answers
2k views

How can "non-infringement" be an "affirmative defense" in patent litigation?

This question might be rather academic. It is about patent litigation which is related to the US patent system. If a patent owner thinks, his patent is being infringed, the patent owner may choose to ...
Daniel K.'s user avatar
  • 212
3 votes
2 answers
200 views

What happens if a developer cannot pay the litigation costs?

Let's say a small software developer simply does not have enough money to pay the extreme costs of a patent infringement lawsuit. What happens in this case? Situation B: Let's assume the software is ...
Small Software Developer's user avatar
2 votes
2 answers
205 views

What patents are being used by Lodsys to go after small iOS developers?

What patents are being used by the patent troll Lodsys LLC to go after small iOS developers who take advantage of Apple's in-app purchase functionality?
Joe Popadopoulus's user avatar
7 votes
3 answers
963 views

Can 'my own' published application be used against 'my newer application' on the ground of 'prior-art'?

We have applied for a patent, it is published by 'PATENTSCOPE' of WIPO 7 months ago. It is presently with the International Preliminary Examination Authority (IPEA). The basis of invention is ...
Arvind Kumar Sharma's user avatar
27 votes
5 answers
2k views

What can I do about an infringer if I'm a small independent inventor?

I'm a small-scale independent inventor with few resources and have a patent that I believe is being infringed by a large company. I fear that if I approach the company on my own, I will have little ...
orome's user avatar
  • 1,106