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Expert Analysis

The Disappearing Patent Injunction

Law360, New York (October 22, 2013, 7:46 PM EDT) -- Those with little understanding of patents often believe that a patent provides an inventor with a right to a monopoly in the market for the patented invention. Business people know that a patent does not convey a right to a monopoly, but often believe that a patent provides a right to exclude others from practicing the invention. And that belief is supported by the patent statute, which states that "[e]very patent shall contain ... a grant ... of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States."...

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