patentee's

"But it is also correct that the antitrust laws do not negate the patentee's right to exclude others from patent property."

When Patent, Antitrust Worlds Collide Thomas Catan 2011

Under equitable estoppel, a defendant must show (1) the patentee, through misleading conduct, led the defendant to reasonably infer that the patentee did not intend to enforce its patent gainst the defendant, (2) the defendant actually relied on the patentee's misleading conduct, and (3) due to the reliance, the defendant will be materially prejudiced if the patentee is allowed to proceed with its claim.

S.D.N.Y.: Patentee Estopped From Asserting Patent After 4+ Year Delay Peter Zura 2008

Under equitable estoppel, a defendant must show (1) the patentee, through misleading conduct, led the defendant to reasonably infer that the patentee did not intend to enforce its patent gainst the defendant, (2) the defendant actually relied on the patentee's misleading conduct, and (3) due to the reliance, the defendant will be materially prejudiced if the patentee is allowed to proceed with its claim.

Archive 2008-12-01 Peter Zura 2008

In the patentee's specification, the inventors acknowledged that it was previously known that the properties of cord blood are quite different from those of adult blood and that hematopoietic stem cells had been found in cord blood in much greater concentrations than in adult blood.

CAFC Flexes It's Muscle on Obviousness, Infringement Peter Zura 2007

While money damages are generally considered inadequate to compensate for the violation of a patentee's right to exclude, Praxair nonetheless had a burden to iterate specific reasons why ATMl's infringement can not be compensated for with a money award.

Archive 2007-04-01 Peter Zura 2007

Further, in SanDisk Corp., the Federal Circuit declined to hold that the patentee's statement that it had "absolutely no plan whatsoever to sue" the plaintiff eliminated the justiciable controversy created by patentee's actions; rather, the court concluded that the patentee "engaged in a course of conduct that shows a preparedness and willingness to enforce its patent rights" despite that statement.

Archive 2007-08-01 Peter Zura 2007

Although the district court acknowledged that obvious errors in statements made before the PTO are not necessarily binding, it concluded that the patentee's statement was nevertheless binding, since the prosecution statements "would not have been viewed by one of ordinary skill in the art to be obvious errors."

Disclaimed or Not Disclaimed? That is (Still) the Question . . . Peter Zura 2007

Further, in SanDisk Corp., the Federal Circuit declined to hold that the patentee's statement that it had "absolutely no plan whatsoever to sue" the plaintiff eliminated the justiciable controversy created by patentee's actions; rather, the court concluded that the patentee "engaged in a course of conduct that shows a preparedness and willingness to enforce its patent rights" despite that statement.

N.D. Cal.: Litigation History Alone is Proper Basis for DJ Jurisdiction Peter Zura 2007

Although the district court acknowledged that obvious errors in statements made before the PTO are not necessarily binding, it concluded that the patentee's statement was nevertheless binding, since the prosecution statements "would not have been viewed by one of ordinary skill in the art to be obvious errors."

Archive 2007-11-01 Peter Zura 2007

While money damages are generally considered inadequate to compensate for the violation of a patentee's right to exclude, Praxair nonetheless had a burden to iterate specific reasons why ATMl's infringement can not be compensated for with a money award.

Post-Ebay Decision in D. Del.: Plaintiff Must Show Why Monetary Damages Aren't Enough Peter Zura 2007