4

A patent give you the right to try to prevent unlicensed people from (1) making, (2) offering for sale (3) importing or (4) using. Making does not only mean volume, professional manufacturing. A DIY maker infringes just like a big company infringes - but it is inefficient to go after them. Regarding using, if that is where the money is, you can have claims ...


2

First, the phrases are incomplete because they're missing the conjunction word "and" or "or". The effect should be a rejection by the Examiner under section 112 for being indefinite. To appreciate the importance of the conjunctions, see Superguide Corp v. DirecTV Enterprises, 358 F.3d 870 (2004). Regarding the term "combination thereof" itself, it's a very ...


1

Before Octane the standard was “objectively baseless”. Looking portions of the transcript of the case there was an attempt to find words to use to draw a line. Octane proposed: “meritless;” “objectively meritless;” “without substantial merit;” “low likelihood of success;” “unreasonable;” “unreasonably weak;” “a little bit lower than [the Rule 11] standard” ...


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