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Trade Secret Rights May be Lost Because of A Failure to Review a Competitor’s Prior Art Patent Applications

A recent decision from a California federal district court should make patent prosecutors and their clients more alert when looking at recent prior art references: they may refer to patent applications filed by competitors...more

To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an...more

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