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Due Process Implications Of Patent Claims Limits

Law360 (December 15, 2010, 2:47 PM EST) -- An important case, In re Katz, is currently pending before the Federal Circuit and directly asks the question: Do court orders limiting the number of claims a patentee can assert in a patent infringement case violate due process?

Starting in the late 1990s, federal district courts began limiting the number of claims that a patentee could assert in a patent infringement action. This practice has become even more prevalent in recent years. A court’s authority to limit the number of asserted claims originates from Federal Rules...
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