Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. However, the context of the parties and how the litigation arose provides insights on how U.S. companies might better protect … [Read more...]
Patent infringement occurs when a person directly infringes a patent or indirectly contributes or induces another party to infringe the patent through the manufacture, use, offer to sell, sale or importation of a product covered by a patent claim into the United States.
Browse related articles below.
Apportionment versus Entire Market Value Rule Damage calculations for patent infringement are based on an apportioned value of the patented feature to the overall accused product. Damages can be based on the entire market value which would increase the damages calculations. However, the patent owner has a satisfy a high bar before being allowed to do so. Apportionment … [Read more...]
Lost foreign profits are defined as profits that the patent owner could have made overseas or outside of the United States. Normally, patent owners can only recover for lost profits that they incur based on a competitor’s activity within the United States. To put it differently, patent owners generally cannot recover for lost foreign profits based on activity outside of the … [Read more...]
Basic background of inter partes review An IPR refers to an inter partes review. The IPR is an administrative proceeding before the Patent Trial and Appeal Board (PTAB) of the USPTO in which a petitioner can request claims of a patent be invalidated to avoid patent infringement liability. The petitioner is normally a business competitor to the patent owner wherein the patent … [Read more...]
Collateral estoppel is a legal rule that protects a party from having to litigate issues that have already been fully and fairly tried in a previous action and adversely resolved against a party-opponent. This rule can work against the patent owner or the defendant during litigation. Collateral estoppel works against the patent owner In general but not always, collateral … [Read more...]
A system claim is a claim directed to a system having a number of different components that work together. In Intellectual Ventures I LLC v. Motorola Mobility LLC (Fed. Cir. 2017), the patent claim being litigated was a system claim. The patent was directed to the broad concept of transferring computer files electronically from one location to another, and more particularly … [Read more...]
Four factors for a permanent injunction To secure a permanent injunction, the patent owner must demonstrate that four factors favor issuance of the permanent injunction. These four factors include (1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to compensate for that injury; (3) that considering the balance of hardships between … [Read more...]
Under the American rule, each party to a lawsuit pays its own attorney’s fees. However, the American rule can be circumvented by statute enacted by the government or by contract through agreement by the parties. In patent litigation, fee shifting is appropriate by statute under 35 U.S.C. § 285. Section 285 states that "the court in exceptional cases may award reasonable … [Read more...]