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Is Patent Marking an Issue?

When choosing which claims to assert against an infringer, the traditional thought is "more is better." That is, many choose to assert any and every claim that passes the Rule 11 test. While this strategy is understandable and often the best course of action, it might not yield the best damages result.

18 minute read July 29, 2009 at 10:29 AM
By
Leigh J. Martinson
Is Patent Marking an Issue?

Most patent holders have in their portfolios patents that include different types of claims. Examples include: method claims, apparatus claims, system claims, means-for claims and, in some cases, product-by-process claims.

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