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· 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 CourtListener

Sourced 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.