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A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of patentability based on prior patents and printed publications; (2) an identification and explanation for every claim for which ...
For example, Apple had sought an inter partes review of patents owned by VirnetX; VirnetX had taken Apple to court over patent violations, which found in favor for VirnetX and resulted in Apple fines over US$1 billion. Should Apple succeed in its inter partes review, it would be able to nullify the decision of this patent infringement suits. [7]
Multiple lawsuits over several patents relating to MP3 encoding and compression technologies. Ariad v. Lilly - 2006. Broad infringement case related to a ubiquitous transcription factor. EBay Inc. v. MercExchange, L.L.C. - Supreme Court, 2006. Ruled that an injunction should not automatically issue based on a finding of patent infringement.
This case in widely considered as a prime example of a frivolous lawsuit by a patent troll, underscoring the need for a reform of the US patent law. [ 1 ] The case was a patent dispute between small Toronto -based company i4i Ltd. Partnership and Microsoft for infringement of a patent regarding custom XML encoding in Microsoft Word , a feature ...
The earlier case of Catnic Components Ltd. v Hill & Smith Ltd., Lord Diplock had established the principle that patents were to be read in a "purposive" manner. The question to be answered in establishing infringement, as formulated by Lord Diplock, was a complex, multi-part enquiry.
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. [1]