Week 3- Patents

Week 3- Patents - Patent infringement 4 ways of infringing...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Patent infringement 4 ways of infringing patents: Literal infringement (all elements rule), doctrine of equivalent, vicarious liabilities (inducing infringement, contributory infringement) All elements rule : device/method infringe the claim of a patent if each and every element of the claim can be found in the device/method Doctrine of equivalents : if an element of the claim is not found in the accused device/method, the invention will still infringe if the missing element has been replaced with an equivalent equivalent if element: perform substantially the same function, in substantially the same with with, substantially the same result ( function way result test ) Inducing infringement : “Whoever actively induces infringement of a patent shall be liable as an infringer” USC 35 217b Contributory infringement : Whoever offers to sell, sells or imports in to the US a component of a patented invention knowing the same to be especially made or adapted to use in an infringement of such patent and not for substantial non infringing use shall be liable as contributory infringer. Filing an application with FDA for drug that is covered by a patent Importing into US or sell/offer to sell or use a product if product was made by a process patented in the US. Patent remedies Remedies for patent owner that wins patent infringement suit: Injunction : Irreparable injury, remedies available at law inadequate, balance of hardship, no disservice of
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/25/2012 for the course TCM 6030 taught by Professor Thomastuytschaevers during the Summer '11 term at Northeastern.

Page1 / 2

Week 3- Patents - Patent infringement 4 ways of infringing...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online