Presentation is loading. Please wait.

Presentation is loading. Please wait.

An examination of squeeze arguments in patent litigation

Published byThomasina Fletcher Modified over 6 years ago

Similar presentations

Presentation on theme: "An examination of squeeze arguments in patent litigation"— Presentation transcript:

1 An examination of squeeze arguments in patent litigation
Rebecca Halford-Harrison Tel:

2 What is a squeeze and who wants one?
The best a man can get Defendants escaping infringement creating traps narrowing the negotiable ground Not just for patent cases Not always available

3 Patents Court/PCC (1997-2006)*
Infringed Not infringed Valid 26 26% 19 19% Not valid 25 25% 29 29% * Another approx 40 cases did not consider both issues (~30%). Figures very approximate. Percentages rounded.

4 Court of Appeal (1997-2006)* Infringed Not infringed Valid 13 39% 8
24% Not valid 9 27% 3 9% * Another approx 24 cases did not consider both issues (~40%). Figures very approximate. Percentages rounded.

5 What are the chances? Very approximate
Costs mean weaker patents skew figures QI: 2006: of approximately 34 cases listed for trial, only 17 reached trial But we like statistics… Pinch of salt

6 Where are the squeezes Validity v Infringement
Obviousness v Insufficiency Obviousness v Added Matter Prior User v Obviousness of Improvement Embodiment v Scope

7 How does a squeeze work? Pincer movement Some examples:
Flexible razors v Fixed razors Double CD boxes Collapsible play tents

8 How to avoid the traps for patentees
Reduce the overlap Keep it broad Turn inside out

9 Questions?

10 An examination of squeeze arguments in patent litigation
Rebecca Halford-Harrison Tel:

Download ppt "An examination of squeeze arguments in patent litigation"

Similar presentations

© 2007 Morrison & Foerster LLP All Rights Reserved Attorney Advertising The Global Law Firm for Israeli Companies Dramatic Changes in U.S. Patent Litigation.

© 2007 Morrison & Foerster LLP All Rights Reserved Attorney Advertising The Global Law Firm for Israeli Companies Dramatic Changes in U.S. Patent Litigation.
Patent Law Overview. Outline Effect of patent protection Effect of patent protection Substantive requirements for patent protection Substantive requirements.

Patent Law Overview. Outline Effect of patent protection Effect of patent protection Substantive requirements for patent protection Substantive requirements.
1 of 11 Perils of Patent Reform: Flexibility’s Achilles Heel F. Scott Kieff Professor Washington University School of Law Research Fellow Stanford University’s.

1 of 11 Perils of Patent Reform: Flexibility’s Achilles Heel F. Scott Kieff Professor Washington University School of Law Research Fellow Stanford University’s.
Greg Gardella Patent Reexamination: Effective Strategy for Litigating Infringement Claims Best Practices for Pursuing and Defending Parallel Proceedings.

Greg Gardella Patent Reexamination: Effective Strategy for Litigating Infringement Claims Best Practices for Pursuing and Defending Parallel Proceedings.
Speeding It Up at the USPTO July 2013 July 23, 2013.

Speeding It Up at the USPTO July 2013 July 23, 2013.
$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.

$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.
IPR Litigation System & Recent Case in Korea Hee-Young JEONG Judge of Daejeon District Court, KOREA April 22, 2015.

IPR Litigation System & Recent Case in Korea Hee-Young JEONG Judge of Daejeon District Court, KOREA April 22, 2015.
1 Remedies for True Owner of Right to Obtain Patent against Usurped Patent AIPLA MWI IP Practice in Japan Committee Pre-Meeting Sunday, January 22, 2012.

1 Remedies for True Owner of Right to Obtain Patent against Usurped Patent AIPLA MWI IP Practice in Japan Committee Pre-Meeting Sunday, January 22, 2012.
The Case in Favour of Prosecution History Estoppel EPLAW Annual Meeting & Congress, Brussels, 2 December 2011 Jean-Christophe Troussel Bird & Bird Brussels.

The Case in Favour of Prosecution History Estoppel EPLAW Annual Meeting & Congress, Brussels, 2 December 2011 Jean-Christophe Troussel Bird & Bird Brussels.
Online Handwriting Recognition, Pen Computing, and Shorthand Alphabets (with discussion of the Xerox v Palm patent infringement case on the Graffiti alphabet)

Online Handwriting Recognition, Pen Computing, and Shorthand Alphabets (with discussion of the Xerox v Palm patent infringement case on the Graffiti alphabet)
Patents 101 April 1, 2002 And now, for something new, useful and not obvious.

Patents 101 April 1, 2002 And now, for something new, useful and not obvious.
©2002 Marger Johnson & McCollom PC, All Rights Reserved. Intellectual Property Presentation for 2002 High Technology Protection Summit Presented by Alexander.

©2002 Marger Johnson & McCollom PC, All Rights Reserved. Intellectual Property Presentation for 2002 High Technology Protection Summit Presented by Alexander.
Patent Law Overview. Patent Policy Encourage Innovation Disclose Inventions Limited Time Only a Right to Exclude.

Patent Law Overview. Patent Policy Encourage Innovation Disclose Inventions Limited Time Only a Right to Exclude.
$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.

$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.
$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.

$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.
$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.

$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.
$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200.

$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200.
Impact of US AIA: What Really Changed? 1 © AIPLA 2015.

Impact of US AIA: What Really Changed? 1 © AIPLA 2015.
Our Divided Patent System John R. Allison University of Texas McCombs School of Business Mark A. Lemley Stanford Law School David L. Schwartz Northwestern.

Our Divided Patent System John R. Allison University of Texas McCombs School of Business Mark A. Lemley Stanford Law School David L. Schwartz Northwestern.
$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.

$100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 $100 $200 $300.

Similar presentations

Ads by Google