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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84 yrs. ago: GEN. ELEC. (U.S. 05/16/1938) (“The inventor must ‘inform the public during the life of the patent of the limits of the monopoly asserted, so that it may be known which features may be safely used or manufactured without a license and which may not.’”)
Prior Art: When evaluating pat. pub. as prior art, also review incorporated provisional. In KONDA, claims not supported by, but were invalid over, grandparent provisional published w/ PCT parent.
Second: Konda v. Flex Logix Technologies, 22-1162 (nonprec, per curiam), affirming the PTAB's decision that the patent's claims were obvious or anticipated by prior art.
9 yrs. ago: En banc Fed. Cir. per curiam ruling with six opinions and one “additional reflections,” none garnering majority support. CLS BANK (Fed. Cir. 05/10/13) (5-5 split on whether system claims invalid under Sec. 101 (therefore affirmed trial court invalidity ruling)).
Agreed. Proposed version of this about 15 years ago but didn't get it off ground. More recent talk describing one approach: https://s3-us-west-2.amazonaws.com/oregonstatebar/Seminars/2020/IP20-4.pdf
@PatentDefenses I'd love to see the GHG-based royalty for all types of patents, analyzed against the supply chain in which the accused product is used. A "field of use" limitation: royalty free when accused product is mfg'd in supply chains that emit below a certain GHG threshold.
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 May 12, 2022.
Recent Tweets
84 yrs. ago: GEN. ELEC. (U.S. 05/16/1938) (“The inventor must ‘inform the public during the life of the patent of the limits of the monopoly asserted, so that it may be known which features may be safely used or manufactured without a license and which may not.’”)
Prior Art: When evaluating pat. pub. as prior art, also review incorporated provisional. In KONDA, claims not supported by, but were invalid over, grandparent provisional published w/ PCT parent.
Second: Konda v. Flex Logix Technologies, 22-1162 (nonprec, per curiam), affirming the PTAB's decision that the patent's claims were obvious or anticipated by prior art.
9 yrs. ago: En banc Fed. Cir. per curiam ruling with six opinions and one “additional reflections,” none garnering majority support. CLS BANK (Fed. Cir. 05/10/13) (5-5 split on whether system claims invalid under Sec. 101 (therefore affirmed trial court invalidity ruling)).
Agreed. Proposed version of this about 15 years ago but didn't get it off ground. More recent talk describing one approach: https://s3-us-west-2.amazonaws.com/oregonstatebar/Seminars/2020/IP20-4.pdf
@PatentDefenses I'd love to see the GHG-based royalty for all types of patents, analyzed against the supply chain in which the accused product is used. A "field of use" limitation: royalty free when accused product is mfg'd in supply chains that emit below a certain GHG threshold.