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Enforcement is merely a measure of a patent’s scope

Wang 14, J.D., Cornell Law School, 2014; Ph.D., Chemistry, Washington University in St. Louis, 2011. (Zhenghui, July, 2014, “NOTE: REANALYZING REVERSE-PAYMENT SETTLEMENTS: A SOLUTION TO THE PATENTEE'S DILEMMA”, 99 Cornell L. Rev. 1227, 1245, Lexis accessed online via KU libraries)

The second important aspect of the model is the probability of patent enforcement, which is, in effect, an assessment of the patent's scope. 154 Opderbeck argues that a capable expert could offer an opinion about the probability of patent enforcement, allowing a federal court to evaluate properly the merits of the underlying litigation or settlement. 155

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