It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct.
Don't Overlook Nontraditional Defenses in Patent Litigations
It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct. While patent litigators appropriately focus on these traditional defenses, there are also nontraditional defenses — including lack of ownership of the patent-in-suit, judicial estoppel, and unclean hands — that may be incredibly beneficial to patent defendants.
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