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What can be patented?
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Nov 29, 2022 16:05:25   #
lbrande
 
JoeBiker wrote:
Eventually, yes (IF you get a judge that actually understands the subject), but that take time and money and no guarantee that the court will understand and rule in our favor, so they tried to avoid that situation and keep those patents out of the hands of the patent trolls.


Been there, done that. Many judges and their clerks are not very versed in patents.

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Nov 29, 2022 18:55:49   #
dustie Loc: Nose to the grindstone
 
lbrande wrote:
Been there, done that. Many judges and their clerks are not very versed in patents.


What is the option for the patent holder? Appeal to a different court?

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Nov 29, 2022 18:59:25   #
lbrande
 
dustie wrote:
What is the option for the patent holder? Appeal to a different court?


All patents are litigated in Federal District Court, appeals to Court of Appeals, Federal Circuit.

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Nov 29, 2022 19:39:31   #
smf85 Loc: Freeport, IL
 
StanMac wrote:
Doesn’t that apply only if the employee’s invention is an item in the line of products the company produces? If she had invented a medical device, would the toy maker have had standing?

Stan


Most likely no they wouldn’t.

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Nov 29, 2022 23:45:40   #
Wallen Loc: Middle Earth
 
Wow, more input!
Thanks!!

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