Questions You Wish an IP Litigator Had Asked During the IP Due Diligence Process
25 September 2008
To what extent can the Target substantiate that its own products practice the patented inventions?
- “Commercial success” may now be of increased importance in combating an obviousness challenge to the validity of the Target’s patents.
- KSR Int’l Co. v.Teleflex (U.S. 2007)
- It’s easier to establish the “irreparable harm” required for obtaining injunctive relief where the Target is in head-to-head competition with its rivals.
- eBay Inc. v. MercExchange, L.L.C. (U.S. 2006)
- One potential drawback: the Target’s failure to meet its resulting patent marking obligations can serve to preclude pre-suit damages.
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