IP: Due Process and Your Patent Claims

U.S. courts sometimes differ when deciding whether to limit the number of claims a patentee can assert.

April 17, 2012

Each claim in your patent represents a separate invention that you have the right to exclude others from practicing.  Yet accused infringers have, for many years, been asking district courts to limit the number of patent claims that can be asserted in patent litigation, while at the same time arguing that claim preclusion will prevent the unasserted claims from being asserted later.

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