Patent Infringement And Litigation

Patent Infringement And Litigation

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Patent Infringement Litigation refers to a case where one party makes, uses, or sells another party’s patented item without the owner’s consent. The offended party may choose to take a legal action against the infringing party as well as demand compensation from the offender. The patent holder is required by the law to sue the offender in a federal district court because the federal law governs intellectual property. Patent holders are also required by the law to make a legal suit within six years as required by the federal laws. Failure to abide by this requirement may deem the infringement time-barred.

Patent Infringement and litigation are surrounded by complicated legal issues that are left for the court to solve. Other litigation cases may choose to use juries in other features of the general case.

Types of patent infringement

1. Direct patent infringement: This occurs when the intellectual property that is patented gets manufactured without the patent holder’s consent.

2. Indirect patent infringement: An indirect patent infringer refers to an individual that induces or encourages the violation process by assisting or encouraging the person.

3. Contributory infringement: Applies when an individual provides a direct patent infringer articles that have a substantial infringing use.

4. Literal Infringement: It applies when there is a direct relation between stated words in the patent and the infringing device.

The infringer’s defense to a patent infringement lawsuit

The patent holder’s lawsuit is typically countered by the accused by claiming that the patent is invalid. The patent can be declared invalid in situations where the patent holder included a false claim in the application for the patent rights. The patent could also be invalid if it resulted from a business activity that stifles competition in the market. The accused can also prove that the patent failed to comply with the standards of the novelty and non-obviousness as required by the patent protection. The ‘novelty rule’ demands that the invention should be entirely exclusive and new while the ‘non-obviousness rule’ requires the invention must be an improvement or a variation of an invention that is already in place. The authorized owner of the patent has to prove to the courts that the alleged infringer indeed infringed the patent. The patent owner will be required to use a preponderance of evidence to prove his or her claims.
Penalties that accompany a successful patent infringement lawsuit

When a court finds that the accused is in the wrong, he or she will be expected to compensate the damages to the patent holder. Damages that may result from an infringement include the loss of profits. The infringer will also be entitled to costs such as the court filing fees and other expenses that accompany the litigation process.

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