Patent Defenses:
A Legal Research Tool by Klarquist
Patent Defenses is a unique legal research tool for businesses and individuals to find information about possible defenses to utility patent infringement claims under U.S. law.
This can be used to search Patent Defenses for a keyword or phrase. For example, search “double patenting,” “exhaustion,” or “Princo” (or other case name).
Ways to Use Patent Defenses
- search for a specific term or keyword
- browse topics of interest
- explore "recent case highlights"
About Klarquist
Klarquist is a proven intellectual property law firm for science and technology companies as well as individuals looking to creatively protect and defend their ideas.
In the 80 years since our founding, Klarquist supports innovators who work on the cutting edge of software, biotech, research, media, apparel, energy, and more. We bring experience and deep technical expertise to all matters related to intellectual property, including litigation, patents, and trademarks.
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Recent Tweets
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U.S. Amicus (09/21/2022) in Amgen (urging denial of Cert.: “disclosing how to produce some antibodies that perform a specified function is not equivalent to disclosing how to produce all such antibodies—and it is the latter that petitioners claim as their invention”).
Hot News: As of last night, SG's office recommends denying cert in Amgen v. Sanofi #patent case. Disagrees that Federal Circuit turned enablement into a pure law question. But on the genus-species question, take a look at this "Holy Shit" statement:
/1
19 Yrs. Ago: Festo (Fed. Cir. 09/26/03) (en banc): rule for determining when amending a claim in a pat. app. later bars doctrine of equivalents' infringement of issued patent. See https://patentdefenses.klarquist.com/equivalents/#c-prosecution-history-estoppel
Nov. 1 sitting at Villanova Law will include appeal of PTAB ruling that claims challenged by AmEx in a CBM petition, violate Alice. @Villanova_Law
The Federal Circuit just announced it will hear oral arguments in Philadelphia in November. Venues include Villanova, Drexel, U. Penn, and Temple law schools. A *fantastic* chance for law students to see the court in action. #appellatetwitter
https://cafc.uscourts.gov/wp-content/uploads/Announcements/PublicNotices/Notice-November2022Session-06032022.pdf
15 Yrs. Ago: 101. Although physical, a transitory, propagating signal does not fall within one of the four statutory classes of patentable subject matter under Sec. 101, if a particular physical form is not specified. In re Nuijten (Fed. Cir. 09/20/07).
Redacted Areas of Patent Defenses
You may note that some areas in Patent Defenses are indicated as “redacted.” These areas contain confidential tips and strategies that are restricted to clients of the firm. If you are a client of the firm and would like access to the redacted confidential areas, please contact businessdevelopment@klarquist.com.
Disclaimer
Patent Defenses is a way for businesses and individuals to find information about possible defenses to utility patent infringement claims under U.S. law. Although prepared by a law firm, it does not constitute and is not a substitute for competent patent law advice from competent patent professionals. Among other things, the variability of the kinds of inventions to which patent law can apply and the different circumstances in which inventions are made and infringement claims are brought prevent any overview or analysis that would cover any and all specific circumstances. In addition, and even though we seek to update this website on a roughly weekly basis, we necessarily cannot cover all related developments on all issues.
We seek instead to provide information that we hope will be useful as a starting point for thinking about issues relating to defenses against U.S. patent infringement claims.
Patent Defenses was last updated on August 31, 2022.
Recent Tweets
U.S. Amicus (09/21/2022) in Amgen (urging denial of Cert.: “disclosing how to produce some antibodies that perform a specified function is not equivalent to disclosing how to produce all such antibodies—and it is the latter that petitioners claim as their invention”).
Hot News: As of last night, SG's office recommends denying cert in Amgen v. Sanofi #patent case. Disagrees that Federal Circuit turned enablement into a pure law question. But on the genus-species question, take a look at this "Holy Shit" statement:
/1
19 Yrs. Ago: Festo (Fed. Cir. 09/26/03) (en banc): rule for determining when amending a claim in a pat. app. later bars doctrine of equivalents' infringement of issued patent. See https://patentdefenses.klarquist.com/equivalents/#c-prosecution-history-estoppel
Nov. 1 sitting at Villanova Law will include appeal of PTAB ruling that claims challenged by AmEx in a CBM petition, violate Alice. @Villanova_Law
The Federal Circuit just announced it will hear oral arguments in Philadelphia in November. Venues include Villanova, Drexel, U. Penn, and Temple law schools. A *fantastic* chance for law students to see the court in action. #appellatetwitter
https://cafc.uscourts.gov/wp-content/uploads/Announcements/PublicNotices/Notice-November2022Session-06032022.pdf
15 Yrs. Ago: 101. Although physical, a transitory, propagating signal does not fall within one of the four statutory classes of patentable subject matter under Sec. 101, if a particular physical form is not specified. In re Nuijten (Fed. Cir. 09/20/07).