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Secondary infringement, when a party contributes to or is responsible for infringing acts carried out by another party; Summary offence or infraction, a crime that can be proceeded against without a jury trial and/or indictment in some jurisdictions
Designing around a patent can sometimes be a way to avoid infringing it. Companies or individuals who infringe on intellectual property rights produce counterfeit or pirated products and services. [3] An example of a counterfeit product is if a vendor were to place a well-known logo on a piece of clothing that said company did not produce.
If an infringer is found to have deliberately infringed a patent (i.e., "willful" infringement), then "enhanced" damages can be awarded of up to three times the damages found or assessed. Legal fees can also be assessed, under 35 U.S.C. § 285, if the case is deemed "exceptional." Willfulness is determined from "the knowledge of the actor at ...
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
The court further held that the kits were designed to perfectly replicate the exterior of Ferrari's vehicles, and there was a strong likelihood of post-sale customer confusion. The Sixth Circuit held that Roberts's kits infringed upon the distinctive trade dress of Ferrari's vehicles, and a permanent injunction against Roberts was affirmed.
(Reuters) -Apple convinced a federal jury on Friday that early versions of health monitoring tech company Masimo's smartwatches infringe two of its design patents as part of a broader intellectual ...
Proposed laws such as the Stop Online Piracy Act broaden the definition of "willful infringement", and introduce felony charges for unauthorized media streaming. These bills are aimed towards defeating websites that carry or contain links to infringing content, but have raised concerns about domestic abuse and internet censorship.
An accused infringer has the right to challenge the validity of the patent allegedly being infringed in a counterclaim. A patent can be found invalid on grounds described in the relevant patent laws, which vary between countries. Often, the grounds are a subset of requirements for patentability in the relevant country.