02/07/2012 – Inst.Pat.Law RJM - IP: Sci Ev in Pat Lit - Winter 2012

P-I-S v. PA/ADSituation A

Patent-in-suit = NEWPrior Art Patent = OLD

Situation BPatent on accused device = NEWPatent-in-suit = OLD

Which patent?

Question: Is the New patent valid over the Old patent?

Question: Is the Old patent infringed by someone practicing the New patent?

New Patent

Look at New's CLAIMS Look at New's SPECIFICATION (to see what people who practice New’s invention probably do)

Old Patent

Look at Old's SPECIFICATION (to see what it teaches)

Look at Old's CLAIMS

Q. When do you care about a patent’s CLAIMS?

A. When that patent is _____________________.the patent-in-suit