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Compliance with industry standards can be used to show patent infringement

By McKee, Voorhees & Sease, P.L.C.

In Fujitsu et al v. Netgear, the Federal Circuit held compliance with an industry standard can be sufficient evidence to establish patent infringement.  However, this rule only applies when the only way to adhere to the industry standard is to infringe the asserted patent, such that any product that complies with the standard infringes.  In this case, the court determined that a party could comply with the standards at issue without infringing the patents; therefore, direct comparison of the products with the claims was necessary.

More detail after the jump.

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Full post as published by FileWrapper on September 27, 2010 (boomark / email).