How Federal Courts Abuse Patent Holders
ebook ∣ Patent Reform, no. 8 · Patent Reform
By James Constant
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An inventor files his claim for patent infringement under Section 35 of the United States Code 271 (35 USC 271) and invokes the court's jurisdiction under Section 28 of the Code of Civil Procedure 1338(a). In theory, the court must decide an inventor's patent infringement claim. In practice courts find patent invalidity without deciding the patent infringement claim.
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