Infringement Assertions In The New World Order

Law360, New York (October 16, 2007, 12:00 AM EDT) -- The recent Supreme Court and Federal Circuit decisions in MedImmune, eBay, and Seagate have significantly impacted the analysis, risk calculus, and practices of an accused infringer who receives a typical patent assertion letter. These cases, and their progeny, also have the potential to alter the common practice of patentees sending such notice letters in the first place.

In Part I, this guest column examines the historical approach that has been commonly used by patentees to put potential targets on notice of a patent claim without risking...
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