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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

What is the right of prior use or “pre-use”? In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

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Federal Circuit Narrows Scope for Copyrighting Software Function

Patently-O

In particular, the court first assumed that the work was copyrightable based upon the registration documents. Under the rules of procedure, if patent claims were raised in the case at some point, then the appeal heads to the Federal Circuit. Newman , 959 F.3d 3d 1288 (11th Cir. ” Slip Op. ” 1 NIMMER ON COPYRIGHT § 2A.10(B)