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Prosecution Pointer 285 - Intellectual Property

Prosecution Pointer 285 - Intellectual Property
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Sanctioned Chemical Co Asks To Salvage IP Invalidity Claims

ADVERTISEMENT Sanctioned Chemical Co. Asks To Salvage IP Invalidity Claims Law360 (June 29, 2021, 9:31 PM EDT) True Chemical Solutions has urged U.S. District Judge Alan Albright to let it argue that Performance Chemical Co. s patents tied to oil and gas delivery trailers are invalid, even if discovery misconduct doomed the company s infringement defenses. In a Monday motion for reconsideration, True Chem said the misconduct that doomed its chance at beating PCCs infringement claims was completely unrelated to the invalidity counterclaims, and that there s a public benefit to letting the company pursue a meritorious invalidity case. Eliminating invalid patents benefits the public because, upon a finding of invalidity, the public is free to use the previously-patented subject matter.

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