As a result, patentees
are being forced to rethink litigation strategies to ensure that willfulness is addressed at the pleading stage and to ensure that sufficient evidence is obtained through discovery to prove that the infringer engaged in egregious misconduct.
133) The loss of a patent right means that the patentee
cannot state a claim for infringement of that patent upon which any federal court is capable of granting monetary or equitable relief.
Of these claims, 6774 were found unpatentable by PTAB, 1608 were cancelled by the patentee
, 1330 were found patentable by PTAB, and 4620 remain patentable because they were not addressed by the written decision.
When it comes to patented medicines, patentees
face a multitude of issues that are just not present in other areas of technology.
In any event, the patentee
will be notified of any proposed
But the information-forcing insight has another implication: if courts did not give patentee
-written claim text any more weight in claim construction than other types of evidence, then patentees
would have no incentive to spend money to draft claims.
Recall that our patent system affords a patentee
with an exclusive
Natco Pharma in reply submitted that they were aware of the pending infringement suit filed by the patentee
against Cipla but it was not suppression of a material fact because the pending suit had no relevance to the compulsory licensing application.
What if the patentee
eventually lands in court, litigates validity and infringement, and wins on all counts?
This is particularly problematic in the highly technical software realm, where drawing up charts prior to accessing computer source code could prevent the patentee
from determining whether those products infringe.
Ag Supply, where it distinguished between the exclusion rights afforded utility patent holders and PVP certificate holders--specifically, that under a PVPA certificate, the patentee
could not prevent the buyer from saving harvested seed, but that a utility patent holder could prevent such activity.
Both the specification and the claims are drafted by the patentee