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Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents. The rules and laws governing patent prosecution are often laid out in manuals released by the Patent Offices of various governments, such as the Manual of Patent Examining Procedure (MPEP) in the United States, or the ...
Unless overruled by a Supreme Court case, Federal Circuit decisions can dictate the results of both patent prosecution and litigation as they are universally binding on all United States district courts and the United States Patent and Trademark Office. An incomplete list of United States Supreme Court patent case law can be found here.
An infringer can also be enjoined from further infringement of the patent, even to the point of being forced to remove an infringing product from the market. Until the 2006 Supreme Court case of eBay v. MercExchange, [10] plaintiffs routinely sought, and were granted, injunctions prohibiting infringement of their patents. After 2006 ...
A patent court is a court specializing in patent law, or having substantially exclusive jurisdiction over patent law issues. In some systems, such courts also have jurisdiction over other areas of intellectual property law , such as copyright and trademark .
"Roughly half of patents litigated to judgment are found invalid, even though the legal standard heavily favors issued patents. One study found that the most heavily litigated patents win in court ...
Patent applicants who are unhappy with the final decision of the USPTO's Patent Trial and Appeal Board have two options to appeal: they can appeal to the Federal Circuit (which conducts a limited review of the Patent Trial and Appeal Board's decision) or sue the USPTO Director in the Eastern District of Virginia (which can consider new evidence ...
In the 2009 case Exergen Corp. v. Wal-Mart Stores Inc. and S.A.A.T. Systems, [10] SAAT attempted to defend with a claim of inequitable conduct, alleging Exergen was aware of two earlier patents that it did not cite to the examiner during prosecution. The district court denied SAAT's motion for inequitable conduct as a defense, however, holding ...
The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent office with regard to a patent after its grant, is known as patent prosecution. Patent prosecution is distinct from patent litigation which relates to legal proceedings for infringement of a patent after it is granted.
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