Patent Defenses is a unique legal research tool for businesses and individuals to find information about possible defenses to utility patent infringement claims under U.S. law.
This can be used to search Patent Defenses for a keyword or phrase. For example, search “double patenting,” “exhaustion,” or “Princo” (or other case name).
Klarquist is a proven intellectual property law firm for science and technology companies as well as individuals looking to creatively protect and defend their ideas.
In the 80 years since our founding, Klarquist supports innovators who work on the cutting edge of software, biotech, research, media, apparel, energy, and more. We bring experience and deep technical expertise to all matters related to intellectual property, including litigation, patents, and trademarks.
Read moreThis day in U.S. patent law: Dana-Farber (Fed. Cir. 07/14/20) (researchers qualified as joint inventors even though their contribution was made public before a colleague's conception of entire claimed invention, which invention was non-obvious over that prior art contribution).
This day in U.S. patent law: “Properly viewed, the ‘ordinary meaning’ of a claim term is its meaning to the ordinary artisan after reading the entire patent.” Phillips (Fed. Cir. 07/12/05) (en banc)
This day in U.S. patent law: “Without additional limitations, a process that employs mathematical algorithms to manipulate existing information to generate additional information is not patent eligible.” Digitech (Fed. Cir. 07/11/14)
“[A] secret, purposely hidden use of a patented process more than one year before an applicant’s filing date precludes the issuance of the patent when it is the applicant who so used the claimed invention and did so to his commercial advantage.” Woodland (Fed. Cir. 07/10/98)
You may note that some areas in Patent Defenses are indicated as “redacted.” These areas contain confidential tips and strategies that are restricted to clients of the firm. If you are a client of the firm and would like access to the redacted confidential areas, please contact businessdevelopment@klarquist.com.
Patent Defenses is a way for businesses and individuals to find information about possible defenses to utility patent infringement claims under U.S. law. Although prepared by a law firm, it does not constitute and is not a substitute for competent patent law advice from competent patent professionals. Among other things, the variability of the kinds of inventions to which patent law can apply and the different circumstances in which inventions are made and infringement claims are brought prevent any overview or analysis that would cover any and all specific circumstances. In addition, and even though we seek to update this website on a roughly weekly basis, we necessarily cannot cover all related developments on all issues.
We seek instead to provide information that we hope will be useful as a starting point for thinking about issues relating to defenses against U.S. patent infringement claims.
Patent Defenses was last updated September 30, 2024.
This day in U.S. patent law: Dana-Farber (Fed. Cir. 07/14/20) (researchers qualified as joint inventors even though their contribution was made public before a colleague's conception of entire claimed invention, which invention was non-obvious over that prior art contribution).
This day in U.S. patent law: “Properly viewed, the ‘ordinary meaning’ of a claim term is its meaning to the ordinary artisan after reading the entire patent.” Phillips (Fed. Cir. 07/12/05) (en banc)
This day in U.S. patent law: “Without additional limitations, a process that employs mathematical algorithms to manipulate existing information to generate additional information is not patent eligible.” Digitech (Fed. Cir. 07/11/14)
“[A] secret, purposely hidden use of a patented process more than one year before an applicant’s filing date precludes the issuance of the patent when it is the applicant who so used the claimed invention and did so to his commercial advantage.” Woodland (Fed. Cir. 07/10/98)
Patent Defenses is a research tool maintained by Klarquist since 2004. Visit klarquist.com to learn more about us.
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