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Patent opposition proceedings are administrative mechanisms within the patent law framework that allow third parties to formally challenge the validity of a pending patent application (pre-grant opposition) or a granted patent (post-grant opposition).
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
United States v. Glaxo Group Ltd., 410 U.S. 52 (1973), [1] is a 1973 decision of the United States Supreme Court in which the Court held that (1) when a patent is directly involved in an antitrust violation, the Government may challenge the validity of the patent; [2] and (2) ordinarily, in patent-antitrust cases, "[m]andatory selling on specified terms and compulsory patent licensing at ...
Qualcomm, the world's biggest maker of mobile chips, alleges in federal court in San Diego that Apple violated three of its patents, and is asking for tens of millions of dollars or more in damages.
The doctrine of assignor estoppel is a doctrine of United States patent law barring a patent's seller (assignor) from attacking the patent's validity in subsequent patent infringement litigation. The doctrine is based on the doctrine of legal estoppel , which prohibits a grantor (typically, of real property) from challenging the validity of his ...
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To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy by the Federal Trade Commission, October 2003; A Patent System for the 21st Century by the National Academy of Sciences, 2004; Library of Congress Issues Report on Proposed Patent Reform, Patently-O: Patent Law Blog, July 19, 2005; Promote the Progress, a patent blog