Results for invalidity defense

National Steel Car Ltd. v. Canadian Pacific Railway Ltd.

Case Number: CLB0039

Date: 01.29.2004

If a vehicle that uses a patented invention is in the United States for the sole purpose of engaging in international commerce, then this vehicle qualifies as being “temporarily” in the United States, and 35 U.S.C. § 272 defines such use as noninfringing. Additionally, at the preliminary-injunction phase, once the accused infringer has posed a substantial question of invalidity, the patentee must demonstrate that the invalidity defense lacks substantial merit.

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