Add to ORKGDefendant counterclaimed for patent infringement in a declaratory judgment action. The trial court, holding the patent invalid for lack of invention, dismissed the counterclaim. On appeal, held, reversed. The patent in question was valid, this conclusion being based on an independent study of the pertinent prior art and on the additional factors of industry acquiescence, commercial success, and the statutory presumption of validity of a duly issued patent. Georgia-Pacific Corp. v. United States Plywood Corp., (2d Cir. 1958) 258 F. (2d) 124, cert. den. 27 U.S. LAW WEEK 3147 (1958)
The Federal Circuit’s Super Sack decision is striking: a patentee’s covenant-not-to-sue for infringe...
The Court of Customs and Patent Appeals has held that the mere fact that elements of a claimed metho...
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditiona...
Defendant counterclaimed for patent infringement in a declaratory judgment action. The trial court, ...
Patentee applied for an original patent, defining a shelving unit; the patent was issued twenty-two ...
The subject patent in the case of Scripps Clinic & Research Foundation v. Genentech, Inc.I was a...
In 2007, the United States Supreme Court invalidated the Federal Circuit’s test for declaratory judg...
In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory ...
The Declaratory Judgment Act permits a federal district court to grant relief where an actual contro...
Respondent manufactured and leased patented devices used in the canning industry for depositing salt...
Proponents of legislative patent reform argue that the current patent system perversely impedes true...
Patent cases use a preponderance of the evidence standard of proof, unless the validity of a paten...
This Note examines the Federal Circuit\u27s approach to determining nonobviousness, the most difficu...
When a party accused of patent infringement responds by seeking a declaratory judgment that the pate...
Petitioner\u27s complaint alleging validity and infringement of his patent was dismissed by the tria...
The Federal Circuit’s Super Sack decision is striking: a patentee’s covenant-not-to-sue for infringe...
The Court of Customs and Patent Appeals has held that the mere fact that elements of a claimed metho...
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditiona...
Defendant counterclaimed for patent infringement in a declaratory judgment action. The trial court, ...
Patentee applied for an original patent, defining a shelving unit; the patent was issued twenty-two ...
The subject patent in the case of Scripps Clinic & Research Foundation v. Genentech, Inc.I was a...
In 2007, the United States Supreme Court invalidated the Federal Circuit’s test for declaratory judg...
In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory ...
The Declaratory Judgment Act permits a federal district court to grant relief where an actual contro...
Respondent manufactured and leased patented devices used in the canning industry for depositing salt...
Proponents of legislative patent reform argue that the current patent system perversely impedes true...
Patent cases use a preponderance of the evidence standard of proof, unless the validity of a paten...
This Note examines the Federal Circuit\u27s approach to determining nonobviousness, the most difficu...
When a party accused of patent infringement responds by seeking a declaratory judgment that the pate...
Petitioner\u27s complaint alleging validity and infringement of his patent was dismissed by the tria...
The Federal Circuit’s Super Sack decision is striking: a patentee’s covenant-not-to-sue for infringe...
The Court of Customs and Patent Appeals has held that the mere fact that elements of a claimed metho...
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditiona...