· 10/23/1997
Sri International, Inc. v. Advanced Technology Laboratories, Inc. And Atl Washington, Inc.
Citations
- 127 F.3d 1462
- 44 U.S.P.Q. 2d (BNA) 1422
- 1997 U.S. App. LEXIS 29098
- 1997 WL 656241
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the patent owner must notify the defendant with “sufficient specificity” of its alleged infringement
- holding that letters from third parties do not constitute actual notice under Section 287(a)
- holding the communication must convey, “with sufficient specificity,” the patent holder’s belief “that the recipient of the notice may be an infringer”
- noting that a patentee may threaten suit, demand cessation of infringement or offer a license under the patent
- distinguishing the criteria for actual notice from the criteria for filing a declaratory judgment action, which requires a threat of suit
- noting that while there is no per se rule against relying on the advice of in-house counsel, counsel’s objectivity is an important factor in determining whether it was reasonable for an infringer to rely on an opinion of counsel
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Michel, Lourie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.