What are the major milestones of a litigation?

For example, in some countries, the major milestones are as follows: a. The patent holder must conduct a pre-filing investigation to ensure it has a good faith basis to file the lawsuit. b. A complaint is prepared, filed and served on the defendant. c. The defendant answers the complaint. d. The court sets forth a […]

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If an accused infringer seeks to challenge the validity of a patent, does that validity challenge occur at the same time and in the same proceeding as the infringement challenge?

The validity challenge will be handled in the same litigation if the followings are met: infringer files counter-claim; and this counter-claim must be accepted by Judge as to compensate to complaint and there is a relationship between complaint and counter-claim and if these would help to solve the case in a quick and exact way.

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What are the legal standards for invalidating a patent?

There are no direct legal standards for invalidating a patent, however it could based on the legal standards for conclusion of Novelty, Obviousness. Therefore, it is possible to: Invalidate a patent via Novelty; Invalidate a patent via Obviousness; There are no stipulations concerning “supporting issues” like in the US. The only legal standard relating to […]

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