Research Tools Sail Out Of The Safe Harbor

Law360, New York (December 15, 2009, 4:47 PM EST) -- Over the past couple of decades, our lawmakers and courts have been consistently taking the wind out of the sails of patentees.

Patents are now Markmenized by judges without technical expertise. Patents are now likely re-examined at the Patent Office before they are allowed in the front door of a court house. And, patents are now scrubbed with a new standard of obviousness.

All of this happens before a jury of the inventor’s peers ever gets a chance to determine whether the patent is even infringed....
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