Epic Tech, LLC v. Pen-Tech Associates, Inc.

 
APPEAL NO.
25-1624
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Moore

Question(s) Presented

1. “Can it be a sanctionable act for a patentee to rely on the statutory presumption of validity?”

2. “Whether a patentee can be forced to prove its patent is valid before bringing suit in violation of Commil.”

3. “Whether a patentee must conduct a pre-suit validity analysis to avoid sanctions under Fed. R. Civ. P. 11, 35 U.S.C. § 285, 28 U.S.C. § 1927, or the court’s inherent authority.”

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