In 2014, the Supreme Court decided several cases continuing a trend towards tougher standards for patentees, including decisions that addressed, respectively, patent eligibility under 35 U.S.C. 101, the “definiteness” requirements under 35 U.S.C. 112, ¶ 2, and standards for fee recovery from a losing party.
Despite references to facts supporting an experimental use defense, the patentee did not use the catchphrase “experimental use” in presenting its defense.
It is no secret that patent cases are some of the most expensive cases to get through trial.