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Intellectual Property Legal Commentary (by Jimmie K. Tolliver)
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Chicago IP Blog | Intellectual Property Legal Commentary
Intellectual Property Legal Commentary. OFFER TO SELL IN ANOTHER COUNTRY MAY INFRINGE A PATENTED INVENTION UNDER 35 U.S.C. 271. August 25, 2010. Jimmie K. Tolliver. Transocean Offshore Deepwater Drilling v. Maersk Contractors USA. Fed Cir., August 18, 2010). An offer made in another country to sell a product within the U.S. for delivery and use within the U.S. constitutes an offer to sell under 35 U.S.C. 271(a), according to the Federal Circuit. The purpose of holding someone who offers to sell liable fo...
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Chicago IP Litigation | Chicago IP Litigation
Court Strikes Complaint Allegations Unrelated to Claims. By R David Donoghue. March 19, 2018. Posted in Pleading Requirements. VitalGo, Inc. v. Kreg Therapeutics, Inc. No 16 C 5577, Slip Op. (N.D. Ill. Dec. 21, 2017) (Dow, J.). Fed R Civ. P. 12(g). Kreg’s motion was not barred pursuant to Rule 12(g) by the filing of its earlier motion to dismiss for two reasons:. The Seventh Circuit has held that Rule 12(g)(2) does not bar a successive motion to dismiss. Unfair Competition Claims Sounding in Fraud. While...