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Intellectual Property Patent Licensing and Transactions Patent Litigation

The High Bar for Challenging an Improperly Revived Patent

The recent In Re Rembrandt Technologies decision is a reminder of both the potential consequence of a patent holder’s disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.

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Almost two decades ago, Kevin Rivette and David Kline published Rembrandts in the Attic, which reminded patent holders that they should unleash the competitive power of their portfolios. But patents are only of value while they are in force, and to keep a patent in force for its full term, a patent holder must periodically pay maintenance fees.  If the patent holder does not pay these fees, the patent will lapse before its maximum term expires.

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