AGA Medical Corporation Responds to Occlutech Statement on the Status of the Ongoing Patent Litigation in Europe
Intellectual Property, having no connection with any European governmental
The facts are as follows: after being found to be an infringer
patent in Germany, Occlutech has made two attempts to stay enforcement in
Germany, both of which were unsuccessful. They made an unsuccessful...
Patent enforcement: What you don't know might hurt you
...nt. There is no requirement that the patent owner make or provide a product or service embodying the invention. Nor is there any requirement that the infringer
make the infringing device. In simple terms, a plaintiff must prove just two things: ownership of the asserted patent and that the accused device or p...
Guarding against patent enforcement
...e to avoid litigation expenses is not the only option.
An alleged patent infringer
should check whether anyone in the company was involved in the design or ma...a situation that resembles the classic patent infringement scenario. If the infringer
has no such involvement (and even in some cases where involvement exists), ...
With patents and research tools, when is private really public?
...tself cause a court to invalidate a patent filed later to protect the invention.
This rule was pronounced in response to a defense where an accused infringer
of a patent asserted that the patent was invalid due to prior public use. The question turns on how the phrase "public use" is defined.
Inventions could fall prey to Monday morning quarterbacking
...t will decide whether to modify or replace the current "teaching, suggestion, or motivation" standard, which requires a patent examiner (or an accused infringer
trying to invalidate a patent) to find some teaching, suggestion, or motivation ("TSM") in the prior art (i.e., known technology) in order to sustain ...
The press vs. Google: Copyright cases to watch
...ing indexed by Google does them more good than harm. Others have noted that copyright law in general does not countenance infringement so long as the infringer
allows rights holders to opt out.
It is no surprise that tough copyright issues raised by the press against Google, involving onli...
IP infringement - avoiding liability for officers & directors
An officer or director may also be found liable as a contributory infringer
if he or she intentionally induces or encourages someone to directly infrin...e else to infringe, and actively and knowingly aiding and abetting a direct infringer
in the infringement.
Making the case law
A review of case law invol...
Supreme Court ruling seen as blow to WARF stem cell patents
...kes it more difficult to obtain a patent and easier to invalidate patents that have been issued. He also said it would be easier for an accused patent infringer
to demonstrate obviousness.
Frenchick said the impact of he Supreme Court's ruling may not be as profound on life-science patents.
He said the p...