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The U.S. Supreme Court will only review cases on a discretionary basis and rarely decides patent cases. 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 ...
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 ...
Harvard College v. Canada (Commissioner of Patents): patent of higher lifeforms (CA, 2002) Honeywell v. Sperry Rand (US, 1973) Hotchkiss v. Greenwood (US, 1850) Huawei Technologies Co. Ltd v ZTE Corp. and ZTE Deutschland GmbH (European Court of Justice, C-170/13, 2015), judgement on standard-essential patents
Anderson's-Black Rock, Inc. v. Pavement Salvage Co. Litigation involving Apple Inc. ... List of United States Supreme Court patent case law; LizardTech, Inc. v. Earth ...
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 ...
Apple's attorneys told the court the "ultimate purpose" of its lawsuit was not money, but to win an injunction against sales of Masimo's smartwatches after an infringement ruling.
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 ...
Festo Corp. v Shoketsu Kinzoku Kogyo Kabushiki Co., 535 U.S. 722 (2002), was a United States Supreme Court decision in the area of patent law that examined the relationship between the doctrine of equivalents (which holds that a patent can be infringed by something that is not literally falling within the scope of the claims because a somewhat insubstantial feature or element has been ...