An Expensive Mistake

Submitted by patentadmin on Thu, 04/05/2012 - 12:50

Seven isn't always a lucky number: A patent lawsuit that's been in the works for seven years, and which was supposed to go to trial May 7, ground to an abrupt halt this week when the judge found that the seven patents-at-suit were invalid. (Anvik Corp. v. Nikon Precision Inc.)

Anvik Corp. sued Nikon Corp. in September 2005, claiming that 12 Nikon lithography systems infringed seven Anvik patents. The stakes were high: Anvik was seeking damages in the amount of $1.8 billion - which, while it doesn't contain any sevens, would certainly be a lucky number for Anvik. But on April 3, U.S. District Judge Alvin K. Hellerstein granted Nikon's motion for summary judgment based on the fact that the inventor, Kanti Jain, failed to disclose the best mode for practicing the patented inventions.

(Too bad the inventor didn't read our November 2004 Wealth of Ideas newsletter feature article about the best mode and enablement requirements.)

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