The authors provide recommendations for both petitioners and
patent owners based on how the Board has decided on this issue.
Not exact matches
Texas -
based patent owner PACid Technologies filed a complaint alleging
patent infringement committed by South Korean consumer electronics giant Samsung (KRX: 005930).
The
patented Workspeed solution enables property
owners and managers, building staff, facility professionals, vendors, and tenants to collaborate efficiently on a single, flexible, and intuitive rule -
based platform.
In fact, it has been suggested that
patent holders could take a similar approach to copyright
owners — in this case by suing the manufacturers of the printers and the (re) sellers of CAD blueprints on the
basis of contributory infringement.
This procedural posture may result in AIA trials even if the
patent owner submits testimony and other evidence to rebut the factual
basis of a petition.
The Board was critical of General Plastic's strategy, which essentially sought a second bite at the apple in seeking review, using arguments formulated
based on the
patent owner's response to the initial petition and the Board's reasoning in denying institution on those petitions.
While this decision does not affect design
patent damages
based on the
patent owner's lost profits or a reasonable royalty, it is likely to limit the desirability of seeking the infringer's profits under 35 U.S.C. § 289 in some cases, primarily those involving designs on portions of products.
What was the
basis for the PTAB's earlier decisions this year to grant immunity to state university
patent owners such as the University of Florida?
Thus, many
patent owners opt to file preliminary statements arguing that no
basis for review exists by distinguishing the claims over the prior art.
«Therefore,
patent owners should retain the ability to dismiss a counterclaim of invalidity on the
basis of a covenant not to sue.
ArrivalStar, a
patent owner once
based in Delray Beach but now headquartered in the tax haven of Luxembourg, has grown more active.
Additionally an
owner of a European bundle
patent will be able to opt out of the jurisdiction of the UPC on a
patent by
patent basis.
The uneven traffic is also partly due to PPH requirements that Canadian
patent applications can not proceed via the US PPH system if they are
based on a
patent application that was first - filed in the US (many Canadian
patent owners file in the US first because it is a major market).
No, the examiner in a reexamination will not necessarily adopt the interpretation of the claims
based solely upon a written statement of the
patent owner.
The team's client
base includes a mix of software, electronics, retail and pharmaceutical companies; recent work includes representing Groth & Co in negotiations with
owners of similar trade marks, and acting for an individual entrepreneur in a registration application before the Russian
Patent & Trademark Office.
The proposed ABA amicus brief, as laid out in the resolution, will argue that the
patent owners in Bilski v. Doll aren't eligible for a
patent because they're trying to
patent an abstract idea, explained Lindfjeld, who is general counsel and chief IP counsel at Woburn, Mass. -
based Nantero Inc..
Require
patent owners to explain in detail the
basis for the alleged infringement when they file a complaint.
We don't think so, especially where a
patent owner may be suing multiple people
based on the same claim.
AlphaCap sued in the notoriously
patent -
owner - friendly Eastern District of Texas, despite the fact that AlphaCap was
based in California and Gust in New York.