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	Patent infringement - Wikipedia, the free encyclopedia
		In law, a patent infringement occurs when the subject-matter claimed in a patent has been utilized by someone other than the rightholder, without the owner's approval or in disagreement with the terms of use given by the owner.
		Depending on the patent laws in the country where the patent infringement has taken place, the owner of the patent may take action in equity or in law such as an injunction or lawsuit against those who did the infringement.
		The single most common defense to patent infringement is a counter-attack on the patent itself, i.e., the validity of the patent and the allegedly infringed claims.
	en.wikipedia.org /wiki/Patent_infringement (560 words)

	Prosecuting Intellectual Property Crimes: III. Criminal Copyright Infringement (Site not responding. Last check: 2007-10-08)
		Infringement of the copyright (by reproduction or distribution of the copyrighted work) Once the copyright is established, the government must then prove that the defendant "infringed" that copyright.
		Infringement may be found when the defendant bought a legal copy from which he or she has made the illegal copies.
		However, since the actual infringement of the copyrighted work is not often provable in reproduction cases, circumstantial evidence may be used to prove that (1) the defendant had access to the copyrighted work and (2) that defendant's work is substantially similar to the copyrighted material.
	www.cybercrime.gov /ipmanual/03ipma.htm (13184 words)

	NII - Part I: Law - Copyright Infringement
		Copyright infringement is determined without regard to the intent or the state of mind of the infringer; "innocent" infringement is infringement nonetheless.
		Courts have found contributory infringement liability, for instance, when a defendant chose the infringing material to be used in the direct infringer's work,[45] and vicarious liability when a defendant was responsible for the day-to-day activities where the infringement took place.
		Infringement liability may also be based on the provision of equipment or other instrumentalities or goods used in or related to the infringement.
	www.ladas.com /NII/CopyrightInfringement.html (3872 words)

	Copyright Infringement [NYS-STLC]
		This is true because, in order to be liable under either a theory of contributory infringement or vicarious liability, there is no requirement that the plaintiff prove that the individual or entity actually or actively engaged in the underlying infringement.
		In order to establish contributory infringement, the plaintiff must demonstrate two things: (1) the existence copyright infringement; and (2) that the defendant knew of the underlying infringement and induced, caused or materially contributed to the copyright infringement.
		Unlike contributory infringement, but similar to the direct copyright infringement theory, knowledge of the underlying infringement is not an element of a claim for vicarious liability, and, therefore, innocence is no defense.
	nys-stlc.syr.edu /lawlibrary/copyright/infringement.aspx (1044 words)

	U.S. INFRINGEMENT LIABILITY FOR FOREIGN SELLERS OF INFRINGING PRODUCTS
		The proof of intent requirement for active inducement of infringement is more strenuous than the proof of knowledge required to show contributory infringement under §271(c), although this knowledge requirement is incorporated into the intent required to be shown for active inducement.
		Judging from these two decisions contemplating contributory infringement based on a directly infringing sale, courts might be expected to treat similar situations where the direct infringement is an importation in the same manner.
		This is important because a showing of direct infringement by the foreign manufacturer in such a case has proven difficult and a showing of active inducement to infringe requires the plaintiff to show a higher degree of intent by the alleged inducing infringer.
	www.law.duke.edu /journals/dltr/articles/2003dltr0032.html (2606 words)

	US CODE: Title 35,271. Infringement of patent
		(b) Whoever actively induces infringement of a patent shall be liable as an infringer.
		The remedies prescribed by subparagraphs (A), (B), and (C) are the only remedies which may be granted by a court for an act of infringement described in paragraph (2), except that a court may award attorney fees under section 285.
		In an action for infringement of a process patent, no remedy may be granted for infringement on account of the noncommercial use or retail sale of a product unless there is no adequate remedy under this title for infringement on account of the importation or other use, offer to sell, or sale of that product.
	www4.law.cornell.edu /uscode/35/271.html (728 words)

	Understanding Patent Infringement
		It is important to note that infringement is not determined by comparing the accused product with the product commercially sold by the patent owner (patentee), as the commercial product sold by the patent owner is irrelevant to the scope of the patent protection.
		Direct infringement is the making, using, offering to sell or sale of any patented invention within the United States, or importation of a patented invention into the United States.
		Contributory infringement will only be found in cases when the material or component is not a staple article or commodity of commerce suitable for a substantial non-infringing use.
	www.hsrinsider.com /articles/2c1legal.html (2333 words)

	Understanding Patent Infringement Legal Opinions
		Although patent infringement opinions can be obtained for many different reasons, this article focuses on the situation where another company (e.g., a competitor) has charged you or your company with selling a product that infringes one of the competitor's patents.
		This charge of patent infringement can be made in different ways, but most commonly it is made in a cease and desist letter that sets forth some very basic facts such as the competitor's patent (often with a copy of the patent attached to the letter) and your company's allegedly infringing product.
		In almost every situation, a patent infringement study that leads to a patent infringement opinion should be commenced immediately in order to evaluate the risk of the patent infringement charge and also to provide a basis for avoiding a willful infringement charge by the competitor in the event of a patent infringement lawsuit.
	www.tms.org /pubs/journals/JOM/matters/matters-9512.html (1077 words)

	Infringement of Patents (Site not responding. Last check: 2007-10-08)
		Infringement of a patent consists of the unauthorized making, using, offering for sale or selling any patented invention within the United States or United States Territories, or importing into the United States of any patented invention during the term of the patent.
		In such an infringement suit, the defendant may raise the question of the validity of the patent, which is then decided by the court.
		Infringement is determined primarily by the language of the claims of the patent and, if what the defendant is making does not fall within the language of any of the claims of the patent, there is no literal infringement.
	www.uspto.gov /web/offices/pac/doc/general/infringe.htm (328 words)

	US Attorneys' Bulletin: Novel Internet Criminal Copyright Infringement Issues
		Criminal copyright infringement is discussed in depth in chapter III of the manual.
		Infringement without profit motive is far more common in cases of Internet-based copyright infringement than it is in the physical world.
		In such cases, the government should be able to provide a basis for a determination that the defendant was, in fact, acting egregiously and was not merely engaged in technical violations of the law.
	www.cybercrime.gov /usamay2001_5.htm (4329 words)

	U.S. Copyright Office - 128-Bit Browsers
		The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the papers in the case on file in such clerk's office.
		In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
		(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
	www.copyright.gov /title17/92chap5.html (4719 words)

	Patent Portfolio Infringement Insurance Litigation Defense Abatement (Site not responding. Last check: 2007-10-08)
		Your ability to defend yourself in patent infringement lawsuits may be the key to your company's survival.
		Every lawsuit charging infringement must be taken very seriously and defended to the utmost no matter how frivolous the suit may be.
		Infringement Abatement Insurance pays your legal costs when your intellectual property is challenged by a countersuit for invalidity in an infringement suit.
	www.2xfr.com /insurance.asp (350 words)

	Converium: Doctrine of Laches and Patent Infringement Litigation
		Successful underwriting and claims management of patent infringement risks and litigation demands an understanding of the rules governing patentees' obligations regarding enforcement of their rights and the timeframe within which that must take place.
		Continued infringement remains the subject of litigation that may require settlement, entering into licensing agreements that require the payment of royalties to the patentee or paying the burdensome cost of patent infringement litigation while facing an uncertain outcome.
		Wanlass was found to have been unaware of the infringement and would have had to continually test numerous air conditioner models to learn of it.
	www.converium.com /2103.asp (2590 words)

	On-line Copyright Infringement Liability for Internet Service Providers Context, Cases & Recently Enacted Legislation
		Secondary copyright infringement is applied in instances in which the defendant did not personally engage in the violating activity but still bears some responsibility for the infringement.
		Intent or knowledge is not an element of copyright infringement, and thus even an innocent is liable for infringement; rather, innocence is significant to a trial court when it fixes statutory damages” [61].
		After dismissing the claim for direct copyright infringement, the court stated that Netcom was similar to the owner of a public copier machine and therefore its liability should be analyzed under the category of secondary copyright infringement.
	www.bc.edu /bc_org/avp/law/st_org/iptf/articles/content/1999060401.html (7192 words)

	Patent Infringement Opinion (Site not responding. Last check: 2007-10-08)
		Patent Infringement Opinions are an evaluation of a patent by reference to the issued patent and all the documentation generated in obtaining the patent (the patent prosecution file) and comparing the patent with another article, method, process, or composition.
		An infringement opinion is particularly useful in avoiding the sanction of triple damages and attorney's fees that are awarded in cases of willful infringement.
		Using a patent infringement opinion in defense of a charge of willful infringement requires you to waive the attorney-client privilege and hand over the opinion along with the materials used by your attorney in making the evaluation and rendering the opinion.
	www.intellectlawgroup.com /patent_infringement_opinion.htm (962 words)

	INTERNET SERVICE PROVIDER LIABILITY FOR CONTRIBUTORY TRADEMARK INFRINGEMENT AFTER GUCCI
		The court in Gucci denied Mindspring's motion to dismiss on a contributory infringement theory, holding that the CDA did not immunize the ISP from an infringement claim.
		The intention of this iBrief is not to establish what constitutes direct trademark infringement by a website, but to instead address the issue of contributory liability of an ISP once it has been determined that a trademark has been directly infringed.
		Despite this apparent bar to extending immunity to trademark infringement, the court addressed Mindspring's argument that immunity would not "limit" or "expand" any IP laws because such contributory liability for trademark infringement had never before been imposed on an ISP.
	www.law.duke.edu /journals/dltr/articles/2002dltr0025.html (2805 words)

	Law 10 Chp. 9 Intellectual Property Rights Spring 2000
		Gist of claim for trademark infringement or the related common-law tort is a sanction against one who trades by confusion on the goodwill or reputation of another, whether by intention or not.
		The gist of a claim for trademark infringement, or the related commonlaw tort, is a sanction against one who trades by confusion on the goodwill or reputation of another, whether by intention or not.
		In the absence of evidence of actual confusion, a Court may conclude, therefore, that the intended infringement would hit its target; certainly the infringer should not be the one to complain that it did not.
	hyper.vcsun.org /HyperNews/djordan/get/law10sp20chp9iplaw.html (14379 words)

	Patent Portfolio Insurance Infringement Claims Defense (Site not responding. Last check: 2007-10-08)
		Median litigation costs for an infringement suit through trial can range from $180,000 for copyrights to $1,200,000 for patents nationally.
		However, the defense of a lawsuit against you on the problem IP may have to be excluded from coverage under the policy.
		Lawsuits already covered are excluded from more coverage under the renewal policy and the ninety (90) day waiting period is carried forward to the end of the renewal policy.
	www.2xfr.com /insurance_defend.asp (993 words)

	Stopping Copyright Infringement Without Stopping Innovation
		The Court’s concern, easily discernible in its analogy to the “staple article of commerce” doctrine in contributory patent infringement cases, was that copyright owners not be allowed to control the development of new technologies used in connection with copyrighted works.
		This lack of evidence relieved the court from having to decide how frequent noninfringing uses would have to be for the service provider to escape liability for infringing uses of the service, though it quoted the district court’s language on Aimster’s failure to show that the “primary” use of the system was noninfringing.
		Vicarious liability for infringement committed by a third party has expanded in recent years, offering another possible approach for copyright owners to hold peer-to-peer developers liable for infringement committed by users of their technologies.
	tprc.org /papers/2003/210/Stopping_Copyright_Infringement_Without_Stopping_Innovation.htm (7376 words)

	CSUCI > Copyright Infringement
		A hard-copy of the Copyright Infringement Form is available in Acrobat PDF format.
		Claims of alleged infringement will be investigated and handled according to CSU Channel Islands policy and the law.
		My signature also certifies that that the information contained in this notification of copyright infringement is accurate and, under penalty of perjury, I am authorized to act on behalf of the owner of the copyright allegedly infringed.
	www.csuci.edu /copyright/copyright_infringement.htm (261 words)

	FAQ about Trademark -- Chilling Effects Clearinghouse
		Infringement is determined by whether your mark is confusingly similar to a registered mark.
		In another case the manufacturer of a generic drug was found liable for contributory trademark infringement because it continued to supply the drug to pharmacists it knew were mislabeling the drug with the name of the trademarked medication.
		The important issues in determining liability for contributory trademark infringement are if you are aware of the infringement, if you have the ability to monitor and control the use of your product or service, and you are in a position to receive some benefit from the violation.
	www.chillingeffects.org /trademark/faq.cgi (8898 words)

	Patent Infringement Outline (Site not responding. Last check: 2007-10-08)
		Infringement (the accused party was aiding or abetting infringement);
		Infringement (the accused party did something the law implies to be infringement)
		There are several defenses to a claim of patent infringement.
	burdicklawfirm.tripod.com /pinfrng.htm (356 words)

	Pearl Patent Infringement
		Percentage of patent infringement lawsuits heard by juries in 1970 and 1999, respectively: 2.8%, 59%
		Percentage of patent infringement judge-alone and jury verdicts that are appealed, respectively: 58%, 43%
		Percentage of appealed patent infringement jury verdicts that are overturned: 22%
	www.pearlltd.com /content/pat_inf_law.html (377 words)

	35 USC 271, Infringement of patent (BitLaw)
		Whoever actively induces infringement of a patent shall be liable as an infringer.
		In any action for patent infringement brought under this section, no injunctive or other relief may be granted which would prohibit the making, using, offering to sell, or selling within the United States or importing into the United States of a patented invention under paragraph (1).
		The remedies prescribed by subparagraphs (A), (B), and (C) are the only remedies which may be granted by a court for an act of infringement described in paragraph (2), except that a court may award attorney fees under section 285 [35 USC 285].
	www.bitlaw.com /source/35usc/271.html (632 words)

	Trademark Infringement (BitLaw)
		This page will discuss trademark infringement in general; trademarks on the Internet are analyzed on their own BitLaw web page.
		It is possible for the same, identical mark to be used in the same geographic area without any trademark infringement occurring, as long as the goods or services of the parties are sufficiently dissimilar.
		However, this may be a poor example since the SPEEDY mark may be too descriptive to function as a trademark without proof of secondary meaning (see BitLaw's discussion of the strength of marks for further information).
	www.bitlaw.com /trademark/infringe.html (586 words)

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