Using Industry Standard Limits To Prove Infringement

Law360, New York (November 3, 2010, 2:34 PM EDT) -- “We hold that a district court may rely on an industry standard in analyzing infringement.”

With this first statement, the U.S. Court of Appeals for the Federal Circuit in Fujitsu Ltd. v. Netgear Inc. appeared to sanction the practice of patentees proving infringement through a product’s compliance with industry standards. Docket No. 2010-1045, at 8 (Fed. Cir. Sept. 20, 2010). But the exacting requirements laid down by the court mean that many patent owners may be foreclosed from using this strategy.

Rejecting claims of judicial efficiency...
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