Patent litigation is a law process in which one party sues another over the unlawful use of a patent. It is significant process undertaken by any company with essential intellectual property ranking from international corporations to the small local companies. It is fair to say that no respondent or petitioner enjoys a process where 30% to 50% of patent decisions are repealed in the court of appeals.
Patent litigation process is complex of difficult and sometimes tricky procedures, that's why it's so important to protect your patents from any violations. Your inventions must be secured from inequitable conduct during the process when obtaining the patent, that is disturbance of conscientiousness by patent holders contrary the law.
Patent Litigation Support rocessing includes:
• Portfolio Analysis
• Product Testing
• Trial Support
• Infringement and Invalidity Contentions
• Liaising with Expert Witnesses
• Deposition Support
• Supporting Claim Construction
• Production Evidence Mining
Even the case can be resolved by the parties any time, even during the trial processing, but it’s still important to understand the stages of Patent Litigation:
Stages of Patent Litigation
• The Demand Letter
• The Complaint
• Judgment and Pleadings
• Claim Construction
• Summary Judgment
In order to reaffirm dishonest defense should to reveal the patent holder overlook an important data in its request to mislead The United States Patent and Trademark Office. The invention originator can use interpretation of the request in order to defend against these actions. For patent holders it is important to know that information given additional investigation of the request must provide an evidence of misuse of a patent by other party. In most cases this is when the patent owner deludes offender through claims, inactivity or silence or activity.
This misuse includes:
• Antitrust and Anticompetition Violations
• Arrangements that tie the licensing of a patent to an unrelated product
• Licenses that require post-expiration royalties and improper packaging
• Unreasonable delay in a lawsuit against the infringing party (laches and equitable estoppel)
is a process of controversy solution where parties submit polemic to at least one unbiased “judge” who will represent a obligatory resolution. In arbitration, the parties consent that by presenting themselves to arbitration the solution extended by the arbitrator will be compulsory and is “non-appealable” absent any defense of invalidity of the arbitration clause. This clause can be moreover supplemented with particular alternative instructions for the number of other arbitrators
Mediation reports -
for example: Both parties begin their negotiation regarding the patent license with assistance of extraneous experts but suffer a setback to agree on the royalty as the significant finance damages requested by the consulting company largely transcended the amount the producer was planning to offer.
The Model Patent Jury Instructions are provided as general contribution for the litigation of patent cases. While attempts have been made, to guarantee that the Model Patent Jury Instructions accurately represents existed law, this action is not dedicated to substitute the irrespective research needfull for creating jury instructions that are well fitted to specific evidence and juristic cases.