A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: 282
282

A 282 notice is a bit of an anachronism and a bit of a trap.

AI-Generated, displayed with permission

For those who don't read these latter sections of section 35 that often, it goes like this:

a party asserting invalidity or noninfringement shall give notice in the pleadings or otherwise in writing to the adverse party at least thirty days before the trial, of the country, number, date, and name of the patentee of any patent, the title, date, and page numbers of any publication to be relied upon as anticipation of the patent in suit [or] as showing the state of the art

Obviously, in the modern world of contentions, expert reports, moving type, etc., the parties are usually …