In such infringement actions, it is common that the alleged infringer
defends the infringement claim by arguing that the patent is invalid, often based upon the prior art.
required the patentee to show that the infringer
had knowledge of an
"As a result, patentees are being forced to rethink litigation strategies to ensure that willfulness is addressed at the pleading stage and to ensure that sufficient evidence is obtained through discovery to prove that the infringer
engaged in egregious misconduct."
the bad publicity resulting from the low quality of the infringer
's imitated products and/or the profits gained by the infringer
The decision focused analysis on egregious conduct by an infringer
as the trigger for enhanced damages and lowered the burden of proof required to win such an award.
Reverse payment settlements, also known as "pay-for-delay" agreements, are settlements of Hatch-Waxman pharmaceutical patent litigation that competition authorities and private plaintiffs allege allow branded pharmaceutical companies to pay a potential patent infringer
or generic competitor to delay its entry into the pharmaceutical market.
Patent remedy law, sometimes explicitly but often implicitly, is based on an assumed paradigm in which there is a "guilty infringer
." Imagine that Thomas Edison invents the incandescent lightbulb and obtains a patent on the invention.
Whether your company is an accused infringer
or you think someone else is stepping on your patent's toes, having a clear IP litigation strategy is a key component toward getting the most out of your IP assets.
In a public awareness message issued on Friday, the provincial Home Department has warned all stake holders and directed to strictly adhere to the Punjab Information of Temporary Residents Ordinance 15 (IOTORO-15), else the infringer
would undergo imprisonment for six months besides imposition of fine up to Rs.
Enforcement is typically accomplished in one of two ways: a cease-and-desist letter or other communications with the potential infringer
, and litigation in the courts.
(18) In the area of patents, commentators and courts agree that indirect infringement causes of action often provide the patentee with the only effective form of legal recourse and are normatively justified: "[t]he goal of secondary liability is to give patent owners effective protection in circumstances in which the actual infringer
either is not the truly responsible party or is impractical to sue." (19)
If the third party continues with the registration despite receiving the notice, the rights holder will be notified and are then have the opportunity to take appropriate action against a potential infringer
or trade mark squatter.