3 Best Practices For Patent Claims Against Secret Methods

Law360 (August 12, 2019, 12:56 PM EDT) -- Rule 11 of the Federal Rules of Civil Procedure imposes a duty to conduct a reasonable inquiry prior to filing a complaint in a federal district court in order to ensure that the allegations are properly supported in fact and law.[1] Failure to comply with Rule 11 can lead to the imposition of severe sanctions, including attorney fees for the cost of defending the action.[2] In the context of patent infringement, satisfaction of Rule 11 requires interpreting the asserted patent claims and comparing those claims to the accused product.[3]   

In practice, Rule 11 can present a seemingly insurmountable hurdle for patentees...

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