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"Improper Revival" Not A Cognizable Defense In An Action Involving The Validity Or Infringement Of A Patent

Client Alert | less than 1 min read | 09.24.08

In Aristocrat Technologies Australia PTY Ltd. v. International Game Tech. (No. 2008-1016; Sept. 22, 2008), the Federal Circuit reverses a district court's grant of summary judgment that U.S. Patent No. 7,056,215 ("the '215 patent"), and the continuation patent that followed it, are invalid on the grounds that the U.S. Patent and Trademark Office "improperly revived" the '215 patent after it was abandoned during prosecution. The Federal Circuit holds that "improper revival" is not a cognizable defense in an action involving the validity or infringement of a patent, reasoning that the proper revival of an abandoned application is not a defense recognized by the patent statute nor is it a ground specified in the patent statute as a condition for patentability.

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Client Alert | 2 min read | 06.15.26

Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim

A Kansas federal court held that inconsistent enforcement of trade secret rights can defeat a claim under the Defend Trade Secrets Act (DTSA). In Edelman Financial Engines, LLC v. Mariner Wealth Advisors LLC, No. 2:23-cv-02515-HLT (D. Kan. June 5, 2026), the court applied a selective enforcement theory, holding that when a company does not consistently pursue legal remedies against similarly situated former employees, that inconsistency can be affirmative evidence that it failed to protect its trade secrets. While the selective enforcement theory has appeared in academic hypothetical discussions, the decision appears to be one of the clearest judicial applications of a “selective enforcement” theory in a trade secret case....