CHAL 7 |
| Whoever without authority makes, uses, offers to sell, sells, or imports into the United States any patented invention infringes the corresponding patent. In an infringement suit, the trial court construes the scope of the patent claims, and then the fact finder applies that claim construction to the accused product or process. An infringement analysis includes both literal infringement and infringement under the doctrine of equivalents, as limited by prosecution history estoppel. Typical defenses advanced by the alleged infringer in a patent litigation include noninfringement of the patent in suit, patent invalidity, and unenforceability for inequitable conduct. Both damages and injunctive relief are available as remedies to a successful patent owner. This presentation discusses these major issues surrounding the substance and procedure of a patent infringement lawsuit. |
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Protection of Chemical and Pharmaceutical Intellectual Property: Patents and Trade Secrets
2:00 PM-4:35 PM, Sunday, 10 September 2006 Moscone Center -- Room 110, Oral
Division of Chemistry & the Law |