Patent infringement encompasses unauthorized making, use, sale, or offering for sale any patented invention within the United States jurisdiction. As a result of this infringement, a patentee whose patent is infringed may file a lawsuit seeking appropriate relief from the federal court.
That being said, here’s what you need to know about patent infringement.
What Constitutes Patent infringement?
Patent infringement can occur in different ways. Some of which include:
- Direct infringement: This exists where a product belonging to a patent holder is manufactured without their permission.
- Indirect infringement: It occurs where a party aids in the infringement of a patent.
- Contributory infringement: In this case, a direct infringer is supplied with a part that lacks substantial non-infringing use, which as a result leads to patent infringement.
- Literal infringement: This type of infringement exists where there is a direct correspondence between the elements in the patent claim and the infringing device.
How is Infringement Determined in Court?
If you are a patent holder, and you sue on the basis of patent infringement, you are required to bring the matter to a federal court. The federal court has the appropriate jurisdiction to handle the case because all issues relating to intellectual property in the United States are governed by federal law.
Suits for patent infringement are guided by the rules of procedure of the federal court. This is to say that the federal court has unfettered jurisdiction on the matters. To determine infringement, the court sets out to look at the language of the patent’s claims. By doing so, the court can determine whether the defendant’s actions constitute either direct, indirect, or literal infringement of the patent rights.
In cases where you or any other party is not satisfied by the district court’s decision, you are at liberty to lodge an appeal to the court of appeal for the federal circuit. Also, the lawsuit may also proceed to the Supreme Court by a writ of certiorari.
Limitation Period
If you are a patent holder whose rights have been infringed, you ought to file the suit within the required timeframe. The law provides that lawsuits for patent infringements must be filed within a timeframe of 6 years from the date of infringement. Failure to do so may render your suit time-barred. In other words, the court may fail to admit your claim on the basis that the infringement is ratified.
Penalties to Patent Infringement
In a suit where the patent holder is successful, they may request the court to grant them either an injunction or damages;
- Injunction: An injunction serves the purpose of preventing the defendant from the continuation of the infringement.
- Damages: This is a form of compensation awarded to the plaintiff for the loss of profits they would have incurred if not for the patent infringement.
In other cases, the court may apply discretion and award you costs of the suit, including the costs you filed for the claim and other litigation expenses.
Defenses to a Patent Infringement Lawsuit
A lawsuit for patent infringement is a civil case. Therefore, the case proceeds on the balance of probabilities. This means that the suit is determined in favor of the party with the greater weight of evidence. However, the patent holder has a burden of proof to show that, indeed, there is patent infringement.
Where this occurs, the defendant may use the following defenses to exonerate themselves:
- That the patent is invalid: A patent is invalid if that patentee acquired it by fraud. The question of validity is to be determined by the court.
- That the patent resulted from anti-competitive business activities.
- That the patent does not meet the requirement of novelty and non-obviousness, which is an imperative requirement for patent protection.
Working with an intellectual property attorney in your patent infringement lawsuit is an imperative undertaking since an attorney will help navigate you through the whole process. At Larson & Larson, we’ll strive to help you protect your patent from infringement. Contact us today for more information on patent infringement.