Sentences with phrase «on valid patent»

I agree that the patent system, especially w / r / t software patents, seems to be out of control, but this seems like it might have a chilling effect on valid patent lawsuits naming large or well - funded corporations as defendants.

Not exact matches

«I think the reason we won,» he says, «is because we focused on the questions that were going to be presented to the jury: Were the patents valid?

Acorda responded by suing them, seeking a court declaration that its patents on the drugs were valid.

Writing for the majority, Judge Alan Lourie concluded that Myriad's basic patents on BRCA1 and BRCA2 sequences were valid because they applied to «isolated DNA,» or complementary DNA (cDNA)-- not DNA as found in the body.

In a press release, the European Council said its calculations showed that obtaining a patent that is valid across 13 European states «today can cost up to 20000 euro, and approximately 14000 euro of that sum would be spent on translations alone.

The deal clears one of the final political hurdles on the way to a one - stop shop for patents to be granted in a single place and be valid across 25 countries.

That question will be debated once more on 20 July when Myriad Genetics, a diagnostic company in Salt Lake City, Utah, returns to the US courts to argue that its patents on the BRCA1 and BRCA2 gene variants — linked to inherited breast and ovarian cancer — are valid.

A US judge on Monday said a Kodak patent allegedly infringed upon by Apple and Blackberry - maker Research In Motion (RIM) was not valid, dealing another blow to the struggling photography pioneer.

The patent is presumed to be valid and burden of proof that it is not valid falls on any challenger.

My original statement did not talk about validity, my point in that statement was until the presumably valid patent is upheld by a court of law either through a challange defense or successful infringement litigation, the patent really is not worth the paper it is written on.

Although it is true that many patents, particularly in the pharmaceutical field, have been found invalid on this basis, it is also true that many pharmaceutical patents have been found valid and infringed, a point Crist conveniently ignores.

Although finding a compound patent valid based on actual utility after construing a low Promise, Mr. Justice Rennie recognized (in obiter) there would be problems with a sound prediction of any higher Promise, and referred to the «common view» of the disclosure requirement of AZT as follows:

In short, filing on a hunch will give no valid patent rights — other than in exceptional cases you will need some data.

The law of the land on induced infringement is that if there is (1) a direct infringement of a patent and (2) you knew of the asserted patent and (3) you knew that the acts you actively encouraged would infringe that patent, you're liable for infringement whether or not you thought that patent was valid or invalid.

Court found both patents valid and infringed on summary judgment.

On August 24, 2012, a jury deemed this design patent valid and infringed by 11 Samsung smartphones (mostly Galaxy devices).

On August 24, the California jury found 13 Samsung devices to infringe this patent, and deemed it valid.

Someone else who steals your invention can not get a patent on it, or at least if they do the patent will not be valid and enforceable.

Samsung, of course, argues that it doesn't infringe on Apple's patents, and that Apple's patents aren't even valid.

Given the costs of litigation in court or at the Patent Office, a patent owner can sue on a «presumed valid» patent and use the threat of fees and costs to get an undeserved settlPatent Office, a patent owner can sue on a «presumed valid» patent and use the threat of fees and costs to get an undeserved settlpatent owner can sue on a «presumed valid» patent and use the threat of fees and costs to get an undeserved settlpatent and use the threat of fees and costs to get an undeserved settlement.