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An examination of squeeze arguments in patent litigation

An examination of squeeze arguments in patent litigation. Rebecca Halford-Harrison Email: Rebecca.Halford-Harrison@klgates.com Tel: 020 7360 8294. What is a squeeze and who wants one?. The best a man can get Defendants escaping infringement creating traps narrowing the negotiable ground

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An examination of squeeze arguments in patent litigation

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  1. An examination of squeeze arguments in patent litigation Rebecca Halford-Harrison Email: Rebecca.Halford-Harrison@klgates.com Tel: 020 7360 8294

  2. What is a squeeze and who wants one? • The best a man can get • Defendants • escaping infringement • creating traps • narrowing the negotiable ground • Not just for patent cases • Not always available

  3. Patents Court/PCC (1997-2006)*

  4. Court of Appeal (1997-2006)*

  5. What are the chances? • Very approximate • Costs mean weaker patents skew figures • QI: 2006: of approximately 34 cases listed for trial, only 17 reached trial • But we like statistics… • Pinch of salt

  6. Where are the squeezes • Validity v Infringement • Obviousness v Insufficiency • Obviousness v Added Matter • Prior User v Obviousness of Improvement • Embodiment v Scope

  7. How does a squeeze work? • Pincer movement • Some examples: • Flexible razors v Fixed razors • Double CD boxes • Collapsible play tents

  8. How to avoid the traps for patentees • Reduce the overlap • Keep it broad • Turn inside out

  9. Questions?

  10. An examination of squeeze arguments in patent litigation Rebecca Halford-Harrison Email: Rebecca.Halford-Harrison@klgates.com Tel: 020 7360 8294

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