p-i-s v. pa/ad
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P-I-S v. PA/AD. When do you care about a patent’s CLAIMS ? A.When that patent is _____________________. the patent-in-suit. - PowerPoint PPT Presentation
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02/07/2012 – Inst.Pat.Law RJM - IP: Sci Ev in Pat Lit - Winter 2012
P-I-S v. PA/ADSituation A
Patent-in-suit = NEWPrior Art Patent = OLD
Situation BPatent on accused device = NEWPatent-in-suit = OLD
Which patent?
Question: Is the New patent valid over the Old patent?
Question: 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
Q. When do you care about a patent’s CLAIMS?
A. When that patent is _____________________.the patent-in-suit
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