Sunday, March 22, 2015

Week 8 #3: patent infringement lawsuit

In this blogpost, I will focus on patent infringement lawsuits. I found this topic very interesting and wanted to share it here.

So how does a patent infringement lawsuit begin? Well it begins with a filing of a complaint alleging patent infringement by the patent holder. The holder must have a "complaint" document and a "summons" document.

In response to this, you can contact an attorney familiar with patents to assist and help you decide on the best course of action. Otherwise, you can choose to deny the proof that the patent owner has provided, negotiate with the owner for a settlement of the lawsuit (which involves agreeing to a license or a statement that you do not infringe the patent), or try to invalidate the patent based on references that show the patent is invalid.

So in order to determine whether you are truly infringing a patent, you should know that the accused must perform each and every element of one or more of its claims, or actively encourage, sell or offer to sell a component that leads to another's infringement.

I thought this information was interesting and important in the event that I ever get filed for patent infringement. I would definitely want to know the procedure and whether or not I am infringing in the first place.


1 comment:

  1. I did not see many videos on how a patent infringement lawsuit begins or is filed. Thanks for explaining the process and the possible options for the party being sued to take. Good job!

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