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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