Contagious Claims: Infectious Estoppel Under Rule 42

Michael R. Camarata and Naphtali Matlis for Intellectual Property Today

A common, and to-date effective, tactic of an NPE (Non-Practicing Entity) is to employ a series of continuing applications to seek ever-broader patent claims and adapt their claims to particular products. A powerful tool to curtail and, in some cases, forestall this tactic has recently been adopted by the U.S. Patent and Trademark Office (USPTO) in 37 CFR 42.73 (Rule 42.73).

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