DDR Holdings, LLC v. Priceline.com LLC, Booking.com B.V.
The use of a term in an earlier application does not reinstate the term in a later application if the term is purposely deleted, even if the earlier application is incorporated by reference.
The use of a term in an earlier application does not reinstate the term in a later application if the term is purposely deleted, even if the earlier application is incorporated by reference.
An “offer to sell … within the United States” occurs when a company makes an offer, whether made inside or outside of the United States, to sell a product that the buyer will use in the United States. In addition, an “offer to sell” occurs when the product specified in the contract infringes a patent, notwithstanding the state of the product ultimately delivered.
Affidavit submitted by declaratory defendant raised factual issues, concerning truth of certain representations made to U.S. Patent and Trademark Office during prosecution of patents in suit, that precluded summary judgment holding defendant’s patents unenforceable for inequitable conduct.