EDTA (was GIFT) Message Board

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Nov 21 9:30 AM EST

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To: Mel Spivak who wrote (806)	10/31/1996 9:53:00 AM
From: Joseph levi	of 2383

Validity is laways a question in a patent infringement case. Patent infringement defendants usually argue the patent is invalid for a number of reasons such as: anticipation (section 102), obviousness (section 103) or failure to disclose best-mode or enablement (section 112). The patent claims are put under intense scrutiny in a infringement suit especially when big bucks are on the line. So even if the judge construes the claims (in the Markman hearing) to cover the defendants activity, the defendant has the opportunity to challenge the patent's validity. (yes, I do this for a living) Joe

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