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Noninfringement Defense Based on Prior Commercial Use Under 35 U.S.C. § 273 Must Be Timely and Expressly Pleaded

The district court in a patent infringement case granted plaintiff’s ex parte request to strike defendant’s prior use defense under 35 U.S.C. § 273. Because defendant failed to plead the defense and did not raise it until...more

District Court: Accused Infringer Bears the Burden of Timely Raising a Non-Infringing Alternatives Theory

In a patent infringement case, the district court granted plaintiff’s motion to strike portions of defendant’s technical expert’s rebuttal report on the basis that defendant failed to timely disclose non-infringing...more

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