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U.S. District Courts have discussed the definition of a diligent patent search as it relates to litigation (Palomar Techs., Inc. v. MRSI Sys., LLC, No. CV 18-10236-FDS, 2020 WL 2115625, at *3 (D. Mass. May 4, 2020).
The courts mandate search techniques for a diligent patent search include classification, keyword searching, assignee searching, and AI searching and the need to have a record of the techniques used by the search professional. In short, the actions of the searcher need to be repeatable and transparent so that those reviewing the search know specifically how the search was conducted.
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