| 31. | It does not apply when the patentee-licensor is not itself a manufacturer licensing competitive manufacturers.
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| 32. | The patentee bears the burden of proving infringement by a preponderance of the evidence . . ..
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| 33. | The court may even hear the action if the patentee has not filed a cease and desist letter.
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| 34. | Two general questions arise in these situations : ( 1 ) Was the sale authorized by the patentee?
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| 35. | OPTi Inc . has since become a non-manufacturing patentee and is suing AMD for patent infringement.
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| 36. | The Cheesecocks patentees claimed the boundary ran along a straight line rather than mountains, hilltops and ridges.
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| 37. | In that case, the patentee desired to administer trypsin orally for use as an anti-inflammatory.
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| 38. | The patentee and exclusive licensee sued Carbice for contributing to infringement by the purchasers of its dry ice.
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| 39. | By the patentees'agreement the dominant Lemmon and the subservient Schultz patents were combined to fix prices.
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| 40. | In those cases the patentee can overcome the presumption that prosecution history estoppel bars a finding of equivalence ."
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