Our conclusion that prosecution history estoppel arises when a claim is narrowed to comply with §112 gives rise to the second question presented: Does the estoppel bar the inventor from asserting infringement against any equivalent to the narrowed element or might some equivalents still infringe?
But registration is a condition for bringing an infringement action (at least if you are asserting infringement of a "United States work").
As a threshold matter, we consider whether the authors' associations have standing to assert infringement claims on behalf of their members.
In May, Gov. Peter Shumlin, Democrat of Vermont, signed legislation — the first of its kind — that amends the state's consumer protection laws to empower its attorney general and others to sue patent holders who assert infringement claims against a Vermont business or resident in bad faith.
"In court, what usually happens is that one party would assert infringement of its patent and the other party would seek revocation of the patent," Tan says.
The Apple and Samsung dispute, which mostly sees Apple accusing Samsung of copying its device designs and Samsung retaliating with countersuits asserting infringement of its mobile phone tech patents, has been among Apple's longest standing legal battles, after it settled suits with HTC, Motorola Mobility and Google earlier.
Earlier this month, the chip maker, based in San Jose, Calif., filed suit in a Delaware federal court against STMicroelectronics, Europe's biggest chip maker, asserting infringements of seven Atmel patents for advanced semiconductors and production methods.
Beck filed a complaint to the WIPO under the Uniform Domain Name Dispute Resolution Policy (UDRP), arguing the domain name of the website was defamatory and asserted trademark infringement in its use of his name.
In 2007, the patent owner asserted various infringements, and Medtronic asked the courts to decide the matter.
