There are still a variety of options for patentees
and licensees in entering into license agreements so long as the license agreement does not require patent-specific royalties to be paid after the patent has expired.
30% chance of being held valid and infringed, in which case the patentee
a delay period of up to three years, whereas the patentee will agree to
When a defendant raises invalidity contentions on different grounds, the claims are distinct except for the ultimate relief sought, which is invalidation of the patentee's property right.
Furthermore, patent invalidity should be treated as a stand-alone claim given that the transactional facts underlying patent invalidity, as opposed to other types of defenses in other areas of the law, are easy to think about as a single unit, distinct and unrelated to a patentee's infringement claim.
(27) In patent law, the "laches clock" starts running at the time the patentee knew or reasonably could have known of the defendant's potential infringement.
(31) Courts have not allowed the laches defense if the delay resulted from certain situations, including: the patentee was unaware of the defendant's infringement; the patentee's ongoing "litigation on the same patent against other infringers"; the patentee's desire to avoid litigation by settling the claims amicably; or existing wartime conditions.
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.
is allowed to sue for infringement predating the issuance of a
(13) In a less extreme form, the argument is that, although courts need not abolish claims, they nonetheless should give external evidence greater weight in the interpretative calculus in order to compensate for the patentee
's drafting bias and to obtain the most accurate determination of the real invention.
"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."