Patent Express Logo
Contact us
Toll-free: (877)-794-9511
Apply for Patent
 
All Videos (106 videos)
Patent 101 (9 videos)
IP Overview (14 videos)
International Patents (11 videos)
Licensing (1 videos)
Litigation (13 videos)
Patent Drafting (14 videos)
Patent Monetization (13 videos)
Patent Process (28 videos)

How to defend against infringement of patents?

Go Back Go Back

How to defend against infringement of patents? Video Transcript

In this section I am going to discuss what are defenses to patent infringement. Some defenses include invalidity of the patent. The patent is invalid because there is something wrong with it, there was a failure citing prior art or examine the prior art which discloses the claims. Lack of standing because the party that is suing does not have standing, they are not the real owners of the patent and they do not have any standing to sue. Inequitable conduct, there is something that they have done that should prevent them from actually suing. The defense could be the first-sale doctrine which is a specific part of US law which the patent was subject to, once sold under a license and once someone's licensed to be a party, and therefore it has exhausted its ability grant remedies from that first-sale. If could be subject to many other defenses for patent, but [audio cuts out 1:09]
 

PatentExpress.com is a website of Raj Abhyanker, a professional U.S. Patent Law firm, see: www.rajpatent.com for more. All non-do-it-yourself related services advertised on this site are supervised and managed by a U.S. patent attorney.

© PatentExpress.com All rights reserved. Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions. 02-08-2012