RJM - IP: Sci Ev in Pat Lit - Winter 2012 P-I-S v. PA/AD Situation A Patent-in-suit = NEW Prior Art Patent = OLD Situation B Patent on accused device = NEW Patent-in-suit = OLD Which patent? Question: Is the New patent valid over the Old patent? Is the Old patent infringed by someone practicing the New patent? New Patent Look at New's CLAIMS Look at New's SPECIFICATION (to see what people who practice New’s invention probably do) Old Patent Look at Old's SPECIFICATION (to see what it teaches) Look at Old's CLAIMS When do you care about a patent’s CLAIMS? A. When that patent is _____________________. the patent-in-suit 02/07/2012 – Inst.Pat.Law RJM - IP: Sci Ev in Pat Lit - Winter 2012