Corpus ID: 58081899

Exposing Latent Patent Infringement

  title={Exposing Latent Patent Infringement},
  author={Bryan Blumenkopf},
  journal={Richmond Journal of Law and Technology},
  • Bryan Blumenkopf
  • Published 2013
  • Computer Science
  • Richmond Journal of Law and Technology
  • [1] Consider the following canonical patent infringement scenario. A plaintiff owns a patent with one or more claims to the patent’s underlying technology. Under 35 U.S.C. § 271(a), this plaintiff has the rights to manufacture, sell, use, or import the technology delineated by those claims. The defendant manufactures, sells, uses, or imports what appears to be the same technology. Because the claim language is not entirely clear, a judge construes the exact meaning of the claims in a… CONTINUE READING


    present ability, reasonable capability, or unreasonable capability
    • [33] Present ability claims are infringed by present abilities, but not by 59 See High Tech Med. Instrumentation, Inc. v. New Image Indus., Inc, 49 F.3d 1551, 1555
    • 1995