Patent Infringement and Litigation

Updated on : 2020-Nov-25 15:21:14 | Author :

Many businesses believe that receiving a patent offers complete protection against contravention. However, when a patent is threatened, patent holders should take more forceful measures to protect their interests. Patent litigation includes legal actions to protect patents against infringement and will result in financial damages or an injunction against the infringement.

 

Patent Infringement Litigation: The Basics

 

Patent infringement occurs once another party makes, uses, or sells a patented item without the permission of the patent holder. The patent holder might choose to sue the infringing party to prevent his or her activities, as well as to receive compensation for the unauthorized use. Since intellectual property is ruled by federal law, USPTO the patent holder should sue the unauthorized party in federal district court.

 

Patent holders must bring infringement actions within six years from the date of infringement; if the suit isn't brought in this time limit, it is time-barred, ratifying the infringement. While patent litigation Proceeds much like the other federal case, the complicated legal problems surrounding patent validity and infringement area unit reserved for the court's determination, though some patent litigation cases use juries for other aspects of the case.

 

Defenses to a Patent Infringement Lawsuit

 

The alleged infringer usually counters the patent holder's suit by alleging that the patent isn't valid. Patents area unit invalid if the holder included fraudulent data within the U.S. Patent and Trademark Office application; if the patent resulted from anticompetitive business activities; or if the alleged infringer will show that the patent did not meet the requirements of novelty and nonobviousness required for patent protection. Novelty requires that the invention be entirely new, USPTO while nonobviousness implies that the invention cannot be a variation or an obvious improvement of an existing invention.

 

The patent holder bears the burden of proof to indicate that the defendant infringed the patent. The plaintiff should prove infringement by a preponderance of the evidence. This standard implies that the greater weight of the proof should show that the patent is infringed.

 

Different Types of Patent Infringement

 

There are different ways another party might infringe on your patent, including:

 

  • Direct Infringement: This occurs once a product lined by a patent is manufactured without permission.
  • Indirect Infringement: An indirect infringer could induce infringement by encouraging or aiding another in infringing a patent.
  • Contributory Infringement: This occurs when a party supplies a direct infringer with a part that has no substantial non-infringing use.
  • Literal Infringement: This exists if there is a direct correspondence between the words in the patent claims and the infringing device.

Even if an invention does not virtually infringe the patent, it should still infringe under the doctrine of equivalents. a tool that performs the substantially same task in considerably the same thanks to reaching considerably constant result infringes the patent under this doctrine. If the court finds infringement, it should still determine whether the infringement was willful.

 

Willful Infringement

 

Willful infringement involves intentional disregard for another's patent rights and encompasses each direct and intentional copying and continued infringement after notice. Patent users and inventors should employ patent attorneys to confirm that the use of a patent is valid and non-infringing. albeit infringement is later found, USPTO the attempt to secure a legal opinion is evidence that the infringement was not willful.

If the court finds that the infringement was willful, the infringer faces a substantial financial penalty; a willful infringer may find yourself paying triple the number of actual damages suffered by the patent holder, as well because the plaintiff's attorneys' fees.

 

Patent Infringement: Penalties

 

When a court finds infringement, the infringer usually must pay damages to the patent holder, either within the form of actual damages or an inexpensive royalty for the unauthorized use. indemnity embody lost profits the patent holder would have realized but for the infringement, while a reasonable royalty depends on the type of product, other royalty arrangements, time remaining on the patent, and other issues. In addition to damages, USPTO the prevailing party is also entitled to costs. Costs include court filing fees and related litigation expenses.

 

In addition to infringement damages, a patent owner may stop the infringer from continuing to produce an infringing product. The court generally, as a matter of course, problems a permanent injunction when the infringer is controlled liable for violating the patent.

 

In some instances, the patent holder will get a preliminary injunction at the outset of the case where he or she can show no detriment to the general public interest if the injunction is granted, USPTO a substantial chance of success on the merits of the case, and more compelling hardship for the patent holder if the Infringer continues his or her activities while the case payoff. The patent holder will find it difficult to induce a preliminary injunction unless a prior adjudication proved the validity of the patent.

 

Facing a Patent Infringement Claim? An Attorney Can Help

 

The combination of federal court jurisdiction, complicated subject matter, and technical underpinnings of patent law mean that patent holders and defendant infringers should seek highly skillful legal help. Patent attorneys can assist litigants in developing their cases and in securing aggressive litigation services. Get in touch with a knowledgeable intellectual property attorney today and protect your business.

 

 

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