Read this interesting post from Finnegan’s Federal Circuit IP Blog:

Author: Lauren J. Dreyer Editor: Kevin D. Rodkey

In Nuance Communications v. ABBYY USA Software House the Federal Circuit affirmed a noninfringement judgment… Source: A Cautionary Tale: When Patentee’s Voluntary Election to Try Subset of Patents Justifies Noninfringement Judgment for All Asserted Patents

My 2 cents: You can’t have your cake and eat it too. Nuance tried to save legal fees by paring down the number of patents they were trying to enforce by only pursuing their “best” and strongest claims. When they lost, they hoped to have a second shot using their second string…but the court shot them down. No “double jeopardy” for ABBYY unless Nuance had very explicitly reserved the right to sue again on the unasserted patents.

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