Development of new product lines Businesses track new products and developments of their competitors. They attend trade shows, receive information from mutual clients about new products offered by others. In response, companies may attempt to introduce a competitive alternative. In doing so, they may reverse engineer (i.e., purchase and take apart) their competitors … [Read more...]
Non infringement opinions relates to an opinion of patent counsel comparing the scope of the claims in a patent to a particular product to determine whether the product is infringing on the claims of the patent.
What is a patent study? At a minimum, a patent study is a review of an issued patent to check for the patent’s term, a check to determine whether maintenance fees have been paid, a review of the claims to formulate an opinion on claim scope, a review the patent’s specification and a check to determine whether other parent and child applications exist as well as foreign … [Read more...]
Willful infringement and enhanced damages Avoiding willful infringement is important because a court has the discretion to increase damages up to three times and award attorney’s fees if the patent is willfully infringed Exculpatory opinions of counsel regarding non infringement of a patent reduce the likelihood that a defendant would be found liable for willfully infringing a … [Read more...]
The remedies for patent infringement varies depending on whether willful infringement is found. If the infringement is found to be willful, the Courts are allowed treble (i.e., multiple by three) any damage award. In order to reduce the potential for finding willfull infringement, opinion of counsel as to the non-infringement of an accused infringer’s product or method is … [Read more...]
Under Underwater Devices Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983), when a potential infringer has actual notice of another’s patent, the potential infringer had an affirmative duty to exercise due care to determine whether or not he is infringing. In In re Seagate Technology LLC, 83 USPQ2d 1865 (Fed. Cir. 2007) (en banc), the Court overruled the affirmative … [Read more...]