Assertion: patent | /r/HasProperty | invalid
Facets:
value: by reason of the patentee
type: CAUSE
value: with the person
type: OTHER
Source sentences:
text: Patents can be found to be invalid in whole or in part for any of these reasons.
text: The Patent Act provides that an issued patent is presumed valid, and the burden of establishing that a patent is invalid rests with the person asserting its invalidity.
text: Claim that the patent is invalid.
text: 4, 1836, that whenever any patent which has heretofore been granted, or which shall hereafter be granted, shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own invention, more than he had or shall have a right to claim as new; if the error has, or shall have arisen b y inadvertency, accident or mistake, and without any fraudulent or deceptive intention, it shall be lawful for the commissioner, upon the surrender to him of such patent, and the payment of the further duty of fifteen dollars, to cause a new patent to be issued to the said inventor, for the same invention, for the residue of the period then unexpired for which the original patent was granted, in accordance with the patentee's corrected description and specification.
text: There are two primary defenses to patent infringement: the patent is invalid; and even if the patent is valid, the products being made or sold do not infringe the patent.
text: A person who reasonably fears being sued for patent infringement may file suit for a declaratory judgment that the patent at issue is invalid, or that the conduct in question does not constitute infringement.
text: Although there are a number of problems with the U.S. patent system, i.e. "most NPE infringement suits are frivolous because the defendant plainly does not infringe or the patent is invalid", "patent infringement suits are very slow and expensive", and "NPEs may add value to the patents by buying them up when manufacturers decline to do so.
text: (In a separate case a few months later, the Supreme Court held that Carbice's patent was invalid.)
text: Patents are invalid if the holder included fraudulent information in the U.S. Patent and Trademark Office application; if the patent resulted from anticompetitive business activities; or if the alleged infringer can show that the patent did not meet the requirements of novelty and nonobviousness required for patent protection.
text: When a company is ready to file its ANDA, the Act requires it to declare how its activities when it begins to market the drug will relate to patents listed in the Orange Book; there are four options, or "certifications": it can state that there never were patents listed, that listed patents have expired, that it will not market the drug until the all the patents listed in the Orange Book have expired, or that it believes the patents in the Orange Book are not relevant or are invalid.
text: If, however, the infringer had a good-faith belief that the conduct was noninfringing or that the patent was invalid, then this state of mind may negate a finding of willfulness, in which case the damages will not be trebled.
text: If patent counsel determines that the patent is invalid or that its claims are not infringed, a decision may be made to memorialize this finding in an opinion letter.
text: Patent protection also ends if a patent is found to be invalid.
text: If a claim is being countered, it is the job of the legal team to prove that a patent is invalid.