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Patents

Frank L. Bernstein


Frank L. Bernstein

Sughrue, Mion, Zinn, Macpeak & Seas, PLLC

Menlo Park, CA

650 / 463-4600

fbernstein@ sughrue.com

sughrue.com



Question I hear that under the newly passed patent law, there's a first inventor defense available to a charge of patent infringement. If I don't have that defense available to me, can I buy a company that does, and then assert the defense myself?

Question No. If you buy a company that is entitled to assert a first inventor defense, that company (presumable as a subsidiary of your new, larger company) alone would be able to assert that defense. Only the location(s) where that acquired company had the defense available to it (if still part of the merged company) would be able to assert the defense.







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