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LEE & LI Bulletin - May 2024


Recent Case Regarding Successful Patent Non-Infringement Defense Based on Practicing Prior Art

"'Practicing prior art' defense" is a type of argument employed in defense of alleged patent infringement. If a product accused of infringement embodies technology the same as (or highly similar to) the prior art, it cannot be considered to constitute patent infringement, since prior art technology can in no way infringe on a patent filed subsequently. However, in practice, this defense is rarely used, and court judgments on the same are, accordingly, relatively rare. ... More

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