As distinct from indirect infringement. A person directly infringes a patent if she actually performs all of the steps of at least one method claim of the patent; or sells, manufacture, uses, or imports a product that contains all of the elements of at least one system or apparatus claim of the patent. The direct infringer is the one who actually infringes a patent.
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Tuesday Markup of Litigation Funding Legislation
Although John Squires is busy destroying the PTAB—as of last week, he has now gone 0 for 34 on allowing institution of IPR petitions he reviews—the story in Congress is more positive. Tomorrow, t...
Step 1: Destroy IPR. Step 2: ??? Step 3: Profit.
Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review. Combined with other changes made by the USPTO, inc...
Capable of Repetition, But Avoiding Review—USPTO New Regulation Not Reviewed By OIRA
The USPTO has put out a new NPRM, attempting to lock in place rules that were created without going through rulemaking in the prior Trump administration. While I have a lot to say about the substance...