From the course: Understanding Intellectual Property (2014)

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Defenses and remedies to patent infringement

Defenses and remedies to patent infringement

From the course: Understanding Intellectual Property (2014)

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Defenses and remedies to patent infringement

What do you do if you get sued for patent infringement? Is there any defense to patent infringement? Well there are a few. One is that you don't infringe. You actually engage the argument that your process or your product doesn't infringe the claims that you're alleged to have infringed. Apart from that, you need to rely on other defenses. One of them is patent misuse, this is where you believe that the patent is being misused. Another one is inequitable conduct, this is where the inventor may have lied in the patent application. Another is experimental use, this is the use of something not to infringe, not to sell or compete, but actually only doing the thing defined in the claims of the patent for experimental purposes. And finally, exhaustion. Exhaustion is a defense to patent infringement. Essentially you would be arguing that the patent owner's rights are exhausted when they have sold the patented product. So, if you have purchased the patented product in finished form and then…

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