Patent Infringement Litigation

Patent infringement laws differ widely depending on the country. In the United States, patent infringement may have taken place if someone has sold, offered to sell, made, used, or imported a patented invention or an item which is determined to be the equivalent of a patented invention. A person may have also commit indirect infringement if he or she consciously persuades someone to infringe a copyrighted invention, and is therefore liable for that infringement.

The Patent Reform Act of 2009 introduced changes such as restricting the definition of “willful” infringement, and limiting infringement cases to states where the defendant’s business operates.

Patent infringement cases frequently deal with something called a “clearance search.”  Also known as a “freedom-to-operate search” or an “infringement search,” this is a query made for issued patents or on pending patent applications in order to figure out whether or not an item or process infringes any of the claims of the issued patents or pending patent applications.

A clearance search is generally followed by a clearance opinion. This is a legal opinion, written by one or more patent attorneys, concerning the issue of whether or not a given product or process infringes the claims of one or more existing patents or pending patent applications.

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.