www.charlesjeromeware.com "Here to make a Difference."
Patent infringement claims and cases are on the rise; particularly among and within Internet retailers such as Amazon, etc.
Patent infringement claims and cases result when a patent owner files a grievance against someone alleging they unlawfully or without permission used, or were unlawfully using, their product or process idea (usually to make money).
United States patents are issued by the U.S. Patent and Trademark Office (USPTO). They cover all useful and non-obvious inventions. A patent gives a person the right to prevent others from making, using, selling, offering for sale, or importing the patented invention.
There are several defenses in a patent infringement claim or case, including:
(1) Invalidating the patent;
(2) Claiming non-infringement;
(3) Citing prior use, first sale or repair doctrines, inequitable conduct, patent misuse, or limitation on rights; and
(4) Laches (failure to assert one's legal rights), which is an important defense that may soon be invalid.
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