| Patent law is one of the most specialized | | | | infringement lawsuits is an attempt to invalidate |
| branches of the law. | | | | the patent on one or more grounds. In order for |
| If you have been named in a patent infringement | | | | there to be a judgment of infringement, their |
| case or believe that you may have a case to | | | | must exist a valid patent; it must be in force at |
| pursue compensation and relief for patent | | | | the time of the alleged infringement; and it must |
| infringement on a patent that you hold, a firm of | | | | meet all the conditions for obtaining a valid patent. |
| experienced patent infringement lawyers is your | | | | While one might assume that the very issuance |
| best resource for information. | | | | of a patent would substantiate its validity, that's |
| There are, however, a few principles of patent | | | | often not the case. There are a number of things |
| infringement litigation that are helpful to know. | | | | that might invalidate an existing patent. |
| Among the most helpful to understand in building | | | | 1. A prior art or novelty search may turn up |
| your case are the defenses to patent | | | | descriptions or depictions of the patented |
| infringement that are most often used in patent | | | | application that existed before the date of |
| infringement cases. The two basic defenses to a | | | | invention. In this case, the patent may be |
| patent infringement lawsuit are non-infringement | | | | invalidated because the application or item was |
| and invalid patent. | | | | not the first depiction of the device. The |
| Non-infringement defense to patent infringement | | | | description or depiction must give enough detail |
| lawsuits: | | | | that a person of "reasonable skill" could make or |
| In the first, the defendant tries to prove that | | | | work the device based on that description. |
| their product or process does not infringe upon | | | | 2. The defense may hold that the patent is for a |
| the existing valid patent for one or more reasons. | | | | use or device that would have been obvious to |
| It is usually the first line of defense to be | | | | anyone with reasonable knowledge or skill. If |
| considered. There is an infringement upon a | | | | obviousness can be proved, then the patent may |
| patent when each "claim" in the patent is matched | | | | be invalidated and no infringement can have taken |
| by an element of the infringing product. If the | | | | place. |
| item that is claimed to be infringing does not | | | | 3. The defense may charge that the patent |
| match each of the claims in the patent, the case | | | | holder did not exercise diligence in pursuing the |
| may be dismissed because no infringement exists. | | | | patent application process. Most often, this charge |
| In order to prove whether a device or process | | | | will be brought if the patent's original application |
| infringes upon the named patent, the judge or | | | | was outside the grace period allowed after |
| other examiner will first do a careful reading of | | | | publication of the patented idea or device. |
| the claims of the patent. Suppose the patent is | | | | 4. The defense may argue that the subject of |
| for a device that has the purpose of extending | | | | the patent is not a suitable subject for patenting. |
| the waistband of a skirt by means of an | | | | Those are the most commonly claimed grounds |
| extension of fabric that is fitted with a buttonhole | | | | to invalidate a patent in patent infringement cases, |
| on one end of the extension and a button on the | | | | but there are many other grounds which could be |
| other. | | | | used to defend against a charge of patent |
| A second company produces a product which | | | | infringement. |
| consists of a fabric extension that has a | | | | In addition, the interpretation of patent law and |
| buttonhole on one end, and three buttons at | | | | the definitions of the elements of patent law |
| various points on the extension so that it can be | | | | frequently undergo changes during the course of |
| adjusted to fit the waistband more accurately. | | | | court cases. As the number of patent |
| The examiner must examine each of the "claims" | | | | infringement cases continues to mount, new |
| made in the patent and then match them to the | | | | defenses are being tried and old ones struck |
| elements of the device in question. In this case, | | | | down. |
| the examiner may find that patent infringement | | | | If you are involved in a patent infringement |
| does exist because each of the claims in the | | | | lawsuit or are considering one yourself, it's |
| patent is matched to an element in the infringing | | | | important to have an experienced professional on |
| device, which is actually a modification of the | | | | your side. |
| patented process. | | | | Consult a law firm that specializes in patent |
| Invalid patent defense to patent infringement | | | | infringement cases to get a thoughtful and realistic |
| lawsuits | | | | evaluation of your chances. |
| The other most common tack in patent | | | | |