Liebel-Flarsheim Co. v. Medrad, Inc.
Recently the Federal Circuit issued an opinion that makes big changes to the rules for construction of claims within a patent. Patentees may now have to fully describe all possible alternative embodiments in order to include them within the scope of the patent claim terms. Challenging possible infringement without such a description could also carry with it a new risk - invalidation of the original...
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MedImmune, Inc. v. Genentech, Inc.
The patent law bar is in a dither over the Supreme Court's decision in MedImmune, Inc. v. Genentech, Inc. , 127 S. Ct. 764 (U.S. 2007) . MedImmune changes the rules for when a patent licensee may use a declaratory judgment (DJ) action to challenge a licensed patent. Before MedImmune , a licensee usually had to stop paying royalties and breach the license in order to bring a federal court action...
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