Patent Infringement

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What Is Patent Infringement?

Types of Patent Infringement

Basic Features of Patent Infringement

How to Judge Patent Infringement?

Several Cases of Patent Infringement

What Is Patent Infringement?

Patent infringement is the commission of a prohibited act with

respect to a patented invention without permission from the patent

holder.

It occurs when someone violates the patent rights an inventor has in

his invention by making, using or selling the invention without the

patent owner’s permission (or if the patent has been licensed), in a

way not permitted by the license.

Types of Patent Infringement

1. Direct Infringement

It directly states that the third

party has willfully or intentionally

stole the technology from the

inventor without his prior

permission.

It occurs when someone directly

makes, uses or sells the

patented invention within the

United States.

2. Indirect Infringement

It refers to the unfair practice

that does not give a clear

indication that the patent is

bought and sold in the market.

It occurs, for instance, when a

device is claimed in a patent

and a third party supplies a

product which can only be

reasonably used to make the

claimed device.

Direct or Indirect Infringement?

Direct Infringement Indirect Infringement

• sell parts that can only be

realistically used for a patented

invention;

• sell an invention with instructions

on using a certain method that

infringes on a method patent;

• license an invention that is

covered by another’s patent;

• sell material components that

have been especially made for

use in a patented invention and

have no other commercial use.

• manufacture patented

technology;

• use patented technology;

• offer patented technology

for sale;

• sell patented technology;

• import patented technology;

• pass off the patented.

These behaviors happen during the term of the patent and within the country that issued the patent.

Basic Features of Patent Infringement

Must be the valid patents!

Must be patent infringements with the

purpose of operation or production!

3. Violation of

legal rules

2. Infringement

behavior

1. Objects of

Infringement

The behavior is carried out without the

permission of patentees!

Possible Damages of Patent Infringement

What damages can we expect

from patent infringement?

1. A huge barrier for independent innovation;

2. A great challenge to the social civilization and sanctity of the law.

3. A damage to the economic laws and law of value.

4. A illegal behavior that destroys the fair and orderly market competitive

order.

How to Judge Patent Infringement?

“Compare Patent Claims ” Doctrine of Equivalents

Doctrine of Complete Coverage

Doctrine of Compromise

Doctrine of Estoppel

Doctrine of Superfluity

5 Principles

How to Judge Patent Infringement?

A determination of patent infringement

involves a two-step process:

1. The claims are analyzed by studying

all the relevant patent documents;

2. The claims must “read on” the accused

device or process.

In a word, the claims are tested to see

whether they describe the accused

infringement.

About Patent Claims

Defines the scope of protection

The utmost important both

during prosecution and litigation

A preamble that recites the class of the

invention, and optionally its primary

properties, purpose, or field.

The possible parts contained

in a claim may be:

A "transitional" phrase that characterizes

the elements that follow.

A set of "limitations" that together

describe the invention.

Optionally, a purpose clause that further

describes the overall operation of the

Invention.

Legal Responsibilities That Infringers Will Take

Legal Responsibilities

Administrative Responsibility

Criminal Responsibility

Civil

Responsibility

When patent infringement happens, the patentee may sue for relief in the appropriate Federal court.

Remedies of Patent Infringement

1. Compensatory damages

-- a patent owner may recover

lost profits or infringement

2. Increased damages

-- up to three times the

compensatory damages can

be recovered in cases of willful

or deliberate infringement

Monetary Relief Equitable Relief Cost & Attorney’s Fees

1. Preliminary injunctions

2. Permanent injunctions

Costs are typically

recoverable and in rare

cases where there has been

willful infringement , so are

attorney’s fees.

Several Cases of Patent Infringement

Time: 2011

Event: Huawei filed lawsuits in Germany, France and Hungary against ZTE for infringing a series of its patents relating to data card and LTE technologies.

Time: 2010

Event: Apple filed a lawsuit against HTC for infringing on 20 Apple patents related to the iPhone’s user interface, underlying architecture and hardware.

Time: 2009

Event: Nokia sued Apple for violation of 10 patents it holds on several wireless technologies.

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