To challenge a patent granted for a business method you can either sue in federal court or institute a re-examination per the U.S. Patent and Trademark Office (USPTO). In court, those challenging the patent usually try to prove there was no reason to grant a patent because the process was not unique or it was obvious. A re-examination on the other hand will have the USPTO reconsider the patent in ...
A material breach of contract is a failure to fulfill a contract which is so severe that the contract itself is broken and nullified. Such a breach strikes at the core of the contract and the agreement between the two parties. In such a case, the offended party is usually able to end the agreement and try to collect damages from the other in court. Courts will look at several factors to determine ...