New definitions for inclusion in future editions of A Dictionary of Intellectual Property Law. Suggestions for new entries, or comments on existing ones, gratefully received on the blog or by email (using the contact form at the foot of the page).
The art of writing is the art of discovering what you believe.
Gustave Flaubert
Gustave Flaubert
Friday, 24 June 2011
Squeeze argument (supplementary)
A way in which a putative patent infringer argues that a claim should be narrowly construed, invoking issues that go to the validity of the claim such as novelty, obviousness or insufficiency to "squeeze" its scope. The High Court of England and Wales has held that such arguments have no place in trade mark infringement cases (Hasbro v 123 Nahrmittel [2011] EWHC 199 (Ch)).
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