The word “patent infringement” means an encroachment upon the domain of a patentee that is described by the claims of her/his patent.
US Law defines patent infringement as “whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefore, infringes the patent.”
Patent infringement occurs when someone engages in activities that they are excluded from doing to the patented invention. A patent may be ‘literally’ infringed by a device or process that falls within the literal scope of one or more of the patents claims.
In patent infringement you can file a civil action in a district court. In his defense, the defendant can claim that his invention does not infringe the patent, or that the patent itself is invalid. This will undergo a lengthy process of court battle. The infringer is liable for damages starting from the latter of the time you filed and the time when they were notified.
Shut down patent infringement is the result of a successful patent infringement suit. Shut down patent infringement is what typically results in a permanent injunction prohibiting the defendant from committing further acts of patent infringement. In shut down patent infringement a successful plaintiff can also claim monetary damages to compensate for the harm caused by patent infringement.
To determine shut down patent infringement a two-step process is used. First, the claims are analyzed by studying all of the relevant patent documents. Second, the claims must “read on” the accused device or process. This simply means that in shut down patent infringement the device or process is examined to see if it is substantially described by the claims; in other words, the claims are tested to see whether they describe the accused shut down patent infringement.
Shut down patent infringement can be direct, indirect, or contributory. In shut down patent infringement anyone who makes, uses, or sells the patented invention is called direct infringer. If a person actively encourages another to make, use, or sell the invention, the person so inducing is liable for indirect infringement.
Contributory infringement can be committed by knowingly selling or supplying an item for which the only use is in connection with a patented invention. Good faith or ignorance is not a defense that can be used in cases of direct infringement, but it can be used for indirect or contributory patent infringement cases.
The remedies for shut down patent infringement consist of:
- Injunctive relief
- damages (including treble damages for willful infringement)
- attorneys’ fees in some cases, and
- court costs.