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	Infringement of Patents (Site not responding. Last check: 2007-11-03)
		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)

	Encyclopedia: Patent infringement (Site not responding. Last check: 2007-11-03)
		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.
		A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or substance (known as an invention) which is new, inventive and useful.
		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.
	www.nationmaster.com /encyclopedia/Patent-infringement (1003 words)

	Patent - Wikipedia, the free encyclopedia
		Most fundamentally, granting a patent confers a monopoly of sorts upon an owner, because he may legally exclude competitors from using or exploiting the invention (though strictly speaking, the word "monopoly" requires that there is no viable alternative in the marketplace).
		Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights.
		Typically, an application for a patent is prepared by a professional agent known as a patent attorney or patent agent, who files the application with a patent office.
	en.wikipedia.org /wiki/Patent (4834 words)

	Patent infringement liability changes
		Patents on medical and surgical procedures performed on a human body, organ cadaver, or even on an animal used in medical research or instruction relating to the treatment of humans, are now unenforceable.
		Still covered under the patent infringement laws, however, are those activities that use a patented process, machine, manufacture, composition of matter or involve the practice of a patented use of a composition of matter.
		Patentable uses of drugs, patentable uses of chemical or biological reagents for diagnostic purposes, patentable methods of scheduling or timing administration of drugs and patentable methods for combining drug therapies will all be subject to patent protection.
	www.physiciansnews.com /law/1097meyers.html (1448 words)

	Intellectual property - Wikipedia, the free encyclopedia
		Patents and trade marks on the other hand, can be used to prevent that second person from making the same design even if they had never heard of or seen the claimed "property".
		Patents give the holder an exclusive right to commercially exploit an invention for a certain period, typically 20 years from the filing date of a patent application.
		Patent infringement is not a criminal offense although it may subject the infringer to civil liability.
	en.wikipedia.org /wiki/Intellectual_property (6033 words)

	LII: Law about...Patents
		Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time.
		U.S. patent laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors.
		Patent infringement cases arise under Federal patent law over which the Federal courts have exclusive jurisdiction.
	www.law.cornell.edu /topics/patent.html (453 words)

	Buche & Associates, P.C. - San Diego Patent Attorneys (Site not responding. Last check: 2007-11-03)
		Venue in a case of patent infringement is often one of the first battles between the parties once a lawsuit is initiated because the choice of venue can have a significant impact on the outcome of a case.
		Patent Infringement Issues: As complex as the technology may be, the arguments are typically that the Defendant's technology has all the elements recited in the Plaintiff's patent claims, which define the invention.
		Patent Infringement Damages Phase: Damages in a patent case may be in the form of a "reasonable royalty" (what the patent holder might have obtained from a license) or lost sales and profits that that would have been made by a patent holder without the Defendant's infringement.
	www.westerniplaw.com /patents.html (1629 words)

	35 U.S.C. 271 Infringement of patent. - Appendix L Patent Laws
		(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.
	www.uspto.gov /web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm (721 words)

	MDEP: Patent Infringement: The Role of Opinions of Counsel (June/July 2000) (Site not responding. Last check: 2007-11-03)
		The term "willfulness" thus reflects a threshold of culpability in the act of infringement that, alone or with other considerations of the particular case, contributes to the court's assessment of the consequences of patent infringement.
		For the courts, the culpability of a patent infringer is a key factor in determining whether to award enhanced damages to a plaintiff.
		Because of the complexities of patent law, as a practical matter it may be good practice for clients to obtain a second opinion regarding any opinion of counsel in a patent case.
	www.devicelink.com /mdep/archive/00/06/wetherell.html (2994 words)

	About Patent Infringement
		Patent infringement is defined in 35 U.S.C. A person or entity infringes a US patent when, without authority, such person or entity "makes, uses, offers to sell, or sells any patented invention, within the United States" during the term of the patent.
		Therefore, when acquiring a patent particular attention must be given to claim drafting because the claims define the scope of the exclusive rights owned by the patentee.
		It is indisputable that patent infringement is a tort.
	www.ipwatchdog.com /patent_infringement.html (1152 words)

	Patent Hawk - Patent Valuation
		The closer a patent lives to its neighbors, including "free" space of non-patented technology, the less valuable it is, as its property is small, and hemmed in.
		Courts are willing to grant a patent holder compensation for all economic losses that are reasonably attributable to infringement, but the patent owner shoulders the burden of convincing the court of the causality and measure of loss.
		In denying others, patent valuation is a measure of increased sales for the owning company over the life of the patent at the expense of others.
	www.patenthawk.com /valuation.htm (1294 words)

	Patent Infringement
		The word "infringement" means an encroachment upon the domain belonging to a patentee that is described by the claims of her/his patent.
		A patent for an invention is a grant of a property right by the Government to the inventor (or his or her heirs or assigns).
		The term of a patent is 20 years from the date on which the application for the patent was filed in the United States.
	www.richardpricepi.com /patent_infringement.htm (451 words)

	Patent Infringement Lawsuits
		Patent claims are typically in long-sentence form that consists of elements, or limitations, of the claim.
		Patents ensure that all the time and money spent by a person to develop an innovative product for the common good of man and progression of science will be able to recover his or her investment and energy.
		Patent infringement is not a criminal offense but rather is subject to civil litigation.
	www.jimsokolove.com /case_types/general/patent-infringement (803 words)

	Patent Infringement Opinion (Site not responding. Last check: 2007-11-03)
		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.
		Patent infringement litigation is some of the most resource intensive and expensive litigation "enjoyed" by the federal courts.
		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)

	Frequently Asked Questions: Patent infringement (in Patents > Frequently Asked Questions @ iusmentis.com)
		Patent laws in most countries require some sort of commercial exploitation of the patented invention for the exploitation to be patent infringement.
		In the USA, also non-commercial use of the invention can be patent infringement, although it is rare for a non-commercial use by a private person to result in a lawsuit.
		Patent lawsuits are very expensive, and most private persons will not be able to pay the damages to the patent holder anyway.
	www.iusmentis.com /patents/faq/infringement (255 words)

	Patent Infringement Damages
		The nature of the patented invention; the character of the commercial embodiment of it as owned and produced by the licensor; and the benefits to those who have used the invention.
		However, once the jury has found willful infringement, and the court has held that substantial evidence supports such a finding of willfulnees, the district court is bound by the jury’s finding of willfulness and may not reweigh the evidence on the topic.
		Given the increased role of alternative dispute resolution in patent litigation the percentage of cases that are fully litigated to a conclusion is continuously dropping.
	www.ipwatchdog.com /patent_damages.html (1703 words)

	KAM claims patent to run over model railroads -- Chilling Effects Clearinghouse
		For patents filed prior to June 8, 1995, the term is 17 years from the date of issuance or 20 years from the date of application, whichever is longer.
		Moreover, a patent gives its owner the right to exclude others from "making, using or selling" the invention in the U.S. It does NOT confer the right to actually use the invention, and indeed many times use is blocked by the need to employ other technologies or machines patented by another.
		Patent infringement cases are often settled by the accused infringer entering into a license agreement with the patent owner and promising to pay the patent owner royalties.
	www.chillingeffects.org /patent/notice.cgi?NoticeID=2432 (2145 words)

	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.
		In U.S. law, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported the infringing invention or its equivalent
		An Empirical Examination of the Adjudication and Settlement of Patent Disputes (2005).
	en.wikipedia.org /wiki/Patent_infringement (560 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)

	Patent Portfolio Analysis, patent infringement awards, Patent Portfolio Deployment Process, Infringement Probability, ... (Site not responding. Last check: 2007-11-03)
		At the beginning of the 1990s decade, patent license royalties in the range of 5% were not abnormal, and patent licenses for less than 1% had become scarce.
		Patents are sorted by technical area to a degree necessary to match the logical and functional disciplines of individual consultants.
		Medium infringement value patents are those that may have negligible probability of infringement today, but a high probability of infringement or value to the target company in the future.
	www.teklicon.com /Patent.shtml (1108 words)

	Patent infringment and patent infringement analysis
		Patent infringement is defined as "whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefor, infringes the patent." (35 U.S.C. To "infringe" means to encroach upon in a way that violates law or the rights of another.
		Thus, patent infringement means an encroachment upon the domain belonging to a patent owner that is described by the claims of the patent.
		In order to prove infringement under the doctrine of equivalents, if a claim element is not present in an accused device, then that element must be present as an equivalent, and the equivalent is an insubstantial variation of the claimed element.
	www.inventionpatent.net /patent/infringement.cfm (614 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)

	Rights Granted Under U.S. Patent Law (BitLaw)
		Since the patent does not grant the right to make, use, or sell the invention, the patent holder's own right to do so is dependent upon the rights of others and whatever general laws might be applicable.
		Infringement of a patent is the unauthorized making, using, or selling of the patented invention within the territory of the United States, during the term of the patent.
		Infringement is determined primarily by the language of the claims of the patent: if what the defendant is making does not fall within the language of any of the claims of the patent, there is no infringement.
	www.bitlaw.com /patent/rights.html (600 words)

	Patent Attorney \| Patent Lawyer \| Trademark Attorney \| Trademark Lawyer \| Patent Application
		Patent lawyer David Dawsey was recently interviewed by the accomplished Canadian broadcast journalist Chris Henry regarding intellectual property protection in the golf industry.
		Patent lawyer Donald O. Nickey joins Gallagher and Dawsey Co. LPA as “of counsel.” Don has over thirty years of experience practicing intellectual property law, including experience in private practice as well as key in-house positions at Cardinal Health, The Goodyear Tire and Rubber Company, and Abbott Laboratories.
		“Plant Patents and IP Law for the Horticulture Industry” will be the title of an August 9, 2007 seminar, given by biotechnology patent attorney Michael Gallagher, at the Perennial Plant Association’s Annual Meeting at the Hyatt Regency Hotel in Columbus, Ohio.
	www.invention-protection.com (720 words)

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