Patent Defenses:
A Legal Research Tool
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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the more you think about it the better you practice it, but not mind-numbing number of rules as in tax and environmental law.
Why are you so interested in patent law?
perhaps weekends are for thinking about patent law and weekdays are for practicing patent law? perhaps not.
This hypothetical is simply to get you warmed up for Monday if you feel like thinking about patent law. (The correct answer is that you should not be thinking about patent law on a Sunday.) /5
Pat. syst. Xmas wish list: USPTO record expressly identifies which claim terms (1) trigger 112(f), (2) are not claim limitations, or (3) have a meaning other than their atextual plain meaning to POSITA. #patent @patentlyo
What once was "prudential standing" and then was "statutory standing" is now a "statutory requirement." Background law: https://patentdefenses.klarquist.com/constitutional-standing/
First up from the Federal Circuit: USFRF v. FujiFilm, 20-1872 (precedential, Stoll) vacating D. Conn. order dismissing mammography patent infringement suit for lack of constitutional and statutory standing.
Opinion was issued under seal 10/22, reissued w/redactions today.
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 November 19, 2021.
Recent Tweets
the more you think about it the better you practice it, but not mind-numbing number of rules as in tax and environmental law.
Why are you so interested in patent law?
perhaps weekends are for thinking about patent law and weekdays are for practicing patent law? perhaps not.
This hypothetical is simply to get you warmed up for Monday if you feel like thinking about patent law. (The correct answer is that you should not be thinking about patent law on a Sunday.) /5
Pat. syst. Xmas wish list: USPTO record expressly identifies which claim terms (1) trigger 112(f), (2) are not claim limitations, or (3) have a meaning other than their atextual plain meaning to POSITA. #patent @patentlyo
What once was "prudential standing" and then was "statutory standing" is now a "statutory requirement." Background law: https://patentdefenses.klarquist.com/constitutional-standing/
First up from the Federal Circuit: USFRF v. FujiFilm, 20-1872 (precedential, Stoll) vacating D. Conn. order dismissing mammography patent infringement suit for lack of constitutional and statutory standing.
Opinion was issued under seal 10/22, reissued w/redactions today.