Michael Valek, Chris Ryan, and Matt Wermager are lawyers with the firm of firm of Vinson & Elkins LLP. Here, they discuss recent developments in our intellectual property system, the role the law plays to encourage innovation, as well as why any or all of this should matter to the rest of us. ...
"How can we possibly infringe this patent--we're just doing what people have done for years." This familiar refrain is what's known in the patent law as the practicing the prior art defense. But, other than a narrowly defined exception for business methods, the "practicing the prior art defense" ... ...