What damages are available for patent infringement?
The two main types of damages awarded in patent infringement actions are reasonable royalties and lost profits. (However, the Patent Act does not limit damages to certain types, and a judge can award other types of damages that may be appropriate under the facts of the case.)
Is invalidity a defense to willful infringement?
In particular, SCOTUS eliminated a defence against willfulness based solely on the reasonableness of an accused infringer’s non- infringement and invalidity defences – even if those defences were unsuccessful or were unknown at the time of infringement.
Can you infringe an invalid patent?
It is axiomatic that one cannot infringe an invalid patent. Accordingly, one could be aware of a patent and induce another to perform the steps of the patent claim, but have a good-faith belief that the patent is not valid.
How do you win a patent infringement case?
Prove that you are compliant, by data that shows you are not infringing, or argue that the asserted patent is invalid, if that be the case. Stop selling or making the infringed product. Negotiate licensing fees from the patent owner by cross asserting your patent portfolio (if the plaintiff is not an NPE).
How do you prove a willful patent infringement?
Under Seagate’s two-prong test, a patent holder must show by clear and convincing evidence that the defendant (1) “acted despite an objectively high likelihood that its actions constituted infringement of a valid patent” and (2) “that this objectively-defined risk … was either known or so obvious that it should have …
What is patent invalidity?
What is it? – An invalidity or opposition search is to identify patent and non-patent documents which may impact the claims of a specific patent. This can help block patents and establish solidity of a patent portfolio which may be useful for licensing or company acquisition.
What is invalidity patent law?
Once a patent has expired, invalidity proceedings may only be brought by plaintiffs having a specific legal interest in finding that the patent was invalid. Such interest may arise from a past or pending lawsuit or from a warning letter in which damages for infringement of the patent during its life time are claimed.
Is patent infringement a crime?
Penalties for Patent Infringement Patent infringement is not a crime, so there are no criminal penalties. It is a civil matter, and one of the reasons why patent infringement is so common is because the civil penalties are not severe.