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Patent Law

: The Patent Prospector

Still in Diapers

By Gary Odom and Jordan Kuhn

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The impulse to see what you can get away with strikes infants of all ages. In Boss Industries v. Yamaha Motor, both sides displayed a touch of the syndrome. Boss sued Yamaha for infringing three snowmobile seat patents. Boss lost on claim construction; easily affirmed on appeal. Any decent due diligence by Boss and they would have never brought suit. On the other side, as the CAFC opined, "Yamaha's discovery practices were less than commendable... This type of conduct during litigation is unacceptable and reflects a lack of respect for both the opposing party and the court." (CAFC 2008-1311)

Full post as published by The Patent Prospector on May 30, 2009 (boomark / email).

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