Claim Construction In Patent Infringement Cases
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
In a case of direct infringement, the patent holder must prove that the defendant made, used, sold, offered for sale or imported the claimed invention. Direct infringement can be proven through literal infringement or through the doctrine of equivalents.
To win, a plaintiff must not only prove that the patent was infringed, but also overcome any defenses that the alleged infringer might have.
The body of the claims should focus on the point of novelty. The claim is a single long sentence. The writing instrument claim above has one period at the end of the sentence. Everything else is separated by semicolons and commas.
A patent owner can file a civil lawsuit to recover damages for past infringement and obtain injunctions against further infringing activities. Proving patent infringement in court requires a plaintiff to prove two broad elements: ownership and validity of the patent, and infringement of the patent by the defendant.
Claim construction is the process in which courts interpret the meaning and scope of a patent's claims. Since the claims ?define the invention to which the patentee is entitled the right to exclude,? construing the claims can be a critical step in determining the outcome of almost all patent litigations.
