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Contents
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What Is Patent Infringement? Types of Patent Infringement Basic Features of Patent Infringement How to Judge Patent Infringement? Several Cases of Patent Infringement
2. Indirect Infringement
It refers to the unfair practice that does not give a clear indication that the patent is bought and sold in the market. It occurs, for instance, when a device is claimed in a patent and a third party supplies a product which can only be reasonably used to make the claimed device.
Indirect Infringement
sell parts that can only be realistically used for a patented invention; sell an invention with instructions on using a certain method that infringes on a method patent; license an invention that is covered by anothers patent; sell material components that have been especially made for use in a patented invention and have no other commercial use.
These behaviors happen during the term of the patent and within the country that issued the patent.
1. Objects of Infringement
2. Infringement behavior
5 Principles
Doctrine of Equivalents Doctrine of Complete Coverage Doctrine of Compromise Doctrine of Estoppel
Doctrine of Superfluity
Optionally, a purpose clause that further describes the overall operation of the Invention.
Administrative Responsibility
Legal Responsibilities
Civil Responsibility
Criminal Responsibility
Equitable Relief
1. Preliminary injunctions 2. Permanent injunctions
2. Increased damages
-- up to three times the compensatory damages can be recovered in cases of willful or deliberate infringement
Time: 2011 Event: Huawei filed lawsuits in Germany, France and Hungary against ZTE for infringing a series of its patents relating to data card and LTE technologies.
Time: 2010 Event: Apple filed a lawsuit against HTC for infringing on 20 Apple patents related to the iPhones user interface, underlying architecture and hardware.
Time: 2009 Event: Nokia sued Apple for violation of 10 patents it holds on several wireless technologies.
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