Questions tagged [litigation]
The litigation tag has no summary.
22 questions
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Is it true that cheaper-than-court IPR is now practically impossible against patent troll?
From https://www.eff.org/deeplinks/2025/03/new-uspto-memo-makes-fighting-patent-trolls-even-harder
...
That 2022 guidance essentially saved the IPR system. Once PTAB judges were told to consider all ...
- 121
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2
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52
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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 ...
- 165
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3
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75
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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 ...
- 113
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1
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80
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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))?
1
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1
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57
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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, ...
- 271
3
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3
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209
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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. ...
- 271
31
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7
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7k
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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 ...
- 433
1
vote
1
answer
149
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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 ...
- 177
0
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1
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46
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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 ...
- 284
4
votes
1
answer
129
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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, ...
- 145
1
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2
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70
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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 ...
- 360
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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 ...
- 51
1
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3
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100
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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 ...
- 410
1
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1
answer
110
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Where to get patent litigation dockets?
Is there a way to get court trial documents for specific case?
- 360
4
votes
3
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239
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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 ...
- 410