Wednesday, December 3, 2008

Scope of Patent Rule 3-1 infringement contentions is not limited by product branding

"Patent Rule 3-1 -- in connection with confusing and conflicting product branding -- is not meant to be used as a tactical tool. To the contrary, the Rule is in place to allow defendants to have reasonable notice of the plaintiff’s infringement claims. Because of the nature of the patent claim, [plaintiff] had reasonable notice that [defendant] was accusing the [product at issue] and the method that it deployed regardless of the branding or the configuration of its components."


Alcatel USA Resources Inc v. Microsoft Corp., 6-06-cv-00499 (TXED December 1, 2008, Memorandum Opinion and Order)

1 comment:

Yechiel said...

Good simplification of the issue.