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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Assignment warranted validity of claim cancelled in response to restriction requirement: "a claim canceled in response to a restriction requirement thus travels with the application."
Fifth: Hologic Inc. v. Minerva Surgical Inc., 19-2054 (prec, Stoll), affirming the district court that Minerva is estopped from challenging the claims of a patent based on assignor estoppel, coming to the same conclusion after remand from SCOTUS.
28 Yrs. Ago: In re Warmerdam (Fed. Cir. 08/11/94) (“data structure” formed by manipulating data patent ineligible because “data structure is defined as ‘[a] physical or logical relationship among data elements, designed to support specific data manipulation functions.’”)
25 Yrs. Ago: 102(f) = prior art. OddzOn (Fed. Cir. 08/08/97) (“subject matter derived from another ... when combined with other prior art, may make a resulting obvious invention unpatentable to that party under a combination of §§ 102(f) and 103.”).
Would be patent eligible? "A computer reading [information], performing [new and useful math or analysis] on the information, and displaying the results."
“Well, discoveries r identified both in the U.S. Constitution & the Patent Act as constituting patent eligible subject matter, &, if enacted, the Patent Eligibility Restoration Act of 2022 would once again make discoveries patent eligible.” https://www.ipwatchdog.com/2022/08/03/tillis-patent-eligibility-bill-overrule-myriad-mayo/id=150586/
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 July 27, 2022.
Recent Tweets
Assignment warranted validity of claim cancelled in response to restriction requirement: "a claim canceled in response to a restriction requirement thus travels with the application."
Fifth: Hologic Inc. v. Minerva Surgical Inc., 19-2054 (prec, Stoll), affirming the district court that Minerva is estopped from challenging the claims of a patent based on assignor estoppel, coming to the same conclusion after remand from SCOTUS.
28 Yrs. Ago: In re Warmerdam (Fed. Cir. 08/11/94) (“data structure” formed by manipulating data patent ineligible because “data structure is defined as ‘[a] physical or logical relationship among data elements, designed to support specific data manipulation functions.’”)
25 Yrs. Ago: 102(f) = prior art. OddzOn (Fed. Cir. 08/08/97) (“subject matter derived from another ... when combined with other prior art, may make a resulting obvious invention unpatentable to that party under a combination of §§ 102(f) and 103.”).
Would be patent eligible? "A computer reading [information], performing [new and useful math or analysis] on the information, and displaying the results."
“Well, discoveries r identified both in the U.S. Constitution & the Patent Act as constituting patent eligible subject matter, &, if enacted, the Patent Eligibility Restoration Act of 2022 would once again make discoveries patent eligible.” https://www.ipwatchdog.com/2022/08/03/tillis-patent-eligibility-bill-overrule-myriad-mayo/id=150586/