Patent Infringement Law

Patent infringement is the unauthorized manufacture, use, or sale of any patented invention within the United States or United States Territories, or the importation into the United States of any patented invention during the patent’s term.

When patent infringement occurs, the patent holder may file a suit for damages in the appropriate Federal court. The patent owner may ask the court for an injunction to stop the patent infringement from continuing and may also ask the court for an award of damages suffered as a result of the patent infringement.

In such an infringement suit, the defendant may question the patent’s validity or viability, which is then decided upon by the court. The defendant may also attempt to show that his or her actions do not constitute infringement. Infringement is decided on mainly by the language that is used in the patent. If the defendant can show that what he or she is doing does not come under the stipulations of the claims of the patent, then no infringement has taken place.

Law suits for patent infringement follow the rules of procedure of the Federal courts. After the district court makes its decision, one can appeal to the Court of Appeals for the Federal Circuit. After that, the Supreme Court may hear the case by writ of certiorari. If the United States Government has been found to have infringed a patent, the patent owner can sue for damages in the United States Court of Federal Claims. The Government is allowed use any patented invention without permission of the patent holder but only if the Government provides compensation to the patent holder for the use of the invention.

If you are involved in a situation which may form the basis for a patent infringement case, it is invaluable to know your rights. Mueller Hillin specializes in Patent Infringement cases in Philadelphia, Atlanta, Houston and Austin.