Patent Infringement Litigation

The word “infringement” means an encroachment upon the domain belonging to a patentee that is described by the claims of his or her patent. If a patent is compared to real estate property, the claims are connected to the boundary recited in the deed. Invasion of the boundary of a landowner’s real property is known as trespassing, while violation of a patentee’s claims is called infringement. Both come under the aegis of civil or “tort” law. However, unlike trespassing, patent infringement is a statutory wrong and is governed by federal law. United States federal law defines infringement as “whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefore, infringes the patent.”

A determination of patent infringement involves two steps. First, the claims are analyzed by studying all of the relevant patent documents. Second, the device or process must be examined to see if it is substantially described by the claims. In other words, the claims need to be tested to see whether they describe the charge of infringement being leveled.

Infringement can be direct, indirect, or contributory. Anyone who makes, uses, or sells the patented invention is a direct infringer. If a person actively encourages another to make, use, or sell the invention, the person so inducing is liable for indirect infringement. Contributory infringement can be committed by knowingly selling or supplying an item for which the only use is in connection with a patented invention. Good faith or ignorance is no defense for direct infringement, but it can be for indirect or contributory infringement.

Mueller Hillin specializes in Patent Infringement cases in Philadelphia, Atlanta, Houston and Austin.