Patent Happenings, November 2009

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The November 2009 edition of Patent Happenings,® written by the author of the Annotated Patent Digest, presents concise summaries of important developments in U.S. patent law occurring during the month of October, 2009. Developments include:

1. Status Report – Pleading patent infringement allegations in view of Iqbal, Twombly, McZeal, Colida, and Form 18;

2. District court holds accused infringer may not assert improper revival of a patent that lapsed for not timely paying a maintenance fee as an affirmative defense to a charge of infringement under the guise of an alleged § 102(c) abandonment;

3. Questioning deponent as to whether it changed the design of an accused product in response to receiving an opinion of counsel improperly invaded the attorney-client privilege;

4. Patent infringement claim dismissed because it conflicted with a national security law that compelled the accused infringer to perform the acts accused of infringement;

5. Northern District of Illinois formally adopts local patent rules

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Robert Matthews, Jr.
Matthews Patent-Law Consulting

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