The generic company typically contends that the patent is invalid or that there is no infringement.
FORBES: The Times Reproduces The FTC's Flawed Position On Drug Patent Settlements
Teva initially claimed the patent was invalid due to obviousness, but eventually changed its defense to inequitable conduct.
To make matters worse, the European Patent Office has filed a brief, also stating that the patent is invalid.
In August, a jury found that Amazon infringed only one of the three patents, and that the asserted claims off the infringed patent were invalid.
But as and while the system regards the Apple patent as invalid the opposite applies: there is no reason at all to ban Samsung from selling equipment.
FORBES: Apple's Patent Problems: USPTO Invalidates The Rubber Banding Patent
Apple (NASDAQ: AAPL) has two months to contest a decision by the U.S. Patent and Trademark Office, which ruled that the Steve Jobs multi-touch patent is invalid.
The ITC said it chose to end its investigation related to Motorola and Apple because Apple had successfully argued that Google's patent was invalid because it wasn't different enough from previous inventions.
As with all of Nokia's patents asserted against HTC in Germany, HTC believes that this patent is invalid and will be continuing with the invalidity actions pending before the German Federal Patents Court and the English Patents Court.
ENGADGET: German court dismisses Nokia patent claim against HTC, HTC 'delighted'
Reading this piece, one might be lead to believe that patent applications are given scant review prior to the granting of a patent, and that it is then close to impossible to have a patent declared invalid by a court of law.
Cephalon (nasdaq: CEPH - news - people ) has a patent protecting the way Provigil is made until 2014, but four generic companies are arguing either that the patent is invalid or that it doesn't apply to their versions.
The generic drugmakers aim to prove the patent is flawed or otherwise invalid, so they can launch a generic version well before the patent ends.
The U.S. District Court of the District of Delaware issued an opinion that the composition of matter patent covering the entecavir molecule is invalid as obvious.
Prometheus decision declaring a patent on a method of diagnosing disease invalid.
FORBES: Big Question For Supreme Court: Can You Patent A Gene?
The judge found that Apple and RIM were actually infringing one of the claims made in the patent, but that the claim is invalid due to obviousness.
For the moment, this is a possible take away from a surprising loss the drugmaker suffered this week in a federal court, where a judge ruled that this sort of patent on its Baraclude treatment for hepatitis B is invalid.
FORBES: Not So Obvious: A Bristol-Myers Patent Defeat May Change Wall Street Views
The appeals court rejected the Bilski patent in stronger terms that suggested all patents lacking this qualification would be invalid.
FORBES: The Supreme Court Keeps Business-Method Patents Alive
Convince the court that Apple's claim to the inventions are invalid, and that the technology was developed prior to the disputed patent's filing.
Ending patent protection usually requires a law suit, because the patent owner files follow-on patents of lesser merit to extend the patent period, and a court has to decide at what point the incremental patents are invalid.
"You have to look at each patent on a case-by-case basis, and the fact that one case has been ruled to be too 'obvious' to enforce should not be generalised to mean all of Kodak's other patents are invalid, " said Ilya Kazi from the UK's Chartered Institute of Patent Attorneys.
"It is absolutely our intent that upon victory this will rend invalid patents on many other genes, " said Dan Ravicher, executive director of the Public Patent Foundation and a patent law professor at Yeshiva University's Benjamin N.
应用推荐