IP Law Daily, PATENT—Fed. Cl.: Indefiniteness affirmative defense not waived because brought after claim construction., (Jan 14, 2022)

By Kevin M. Finson, J.D.

An affirmative defense of invalidity was not waived because not introduced until after claim construction because the Court’s patent rules explicitly set out that invalidity contentions would be resolved separately from claim construction.

The defense of invalidity was not waived in a dispute over security system pate ...