Re: rwrf, this article should help, and this-- Gil/Joe...
in response to
by
posted on
Mar 29, 2010 08:47AM
You said:...
"I thought only the USPTO could validate a patent if challenged, and in a Markman ruling, a judge can validate an infringement claim?"...
The question of Validity of the patent may come up both before USPTO and in a case filed in Federal Court. You are incorrect to think ONLY USPTO can pass judgment on such a question...
A Federal Court may consider the findings by USPTO but is not bound them. On the other hand a RULING by the Federal Court is the Law of the Land and is binding on USPTO and everyone else, especially the defendants in a law suit, with only recourse left being the Appellate process...
Everyone, please take the trouble of reading the Markman Case, and some others discussed here. It will save us a lot of bandwidth once you understand where the Courts are coming from...
GLTA...
Gil...