Patent Law Disputes in the United States
Introduction to U.S. Patent Law Disputes
Occasionally several people apply for a patent for the same invention. Under U.S. law, the person who first invented the item is entitled to the patent. If it is unclear who invented the item first, the PTO decides who gets the patent in a proceeding known as an interference. The losing party may then appeal the PTO’s decision at the Court of Appeals for the Federal Circuit, a specialized court in Washington, D.C., established to deal with patent matters. Most other countries follow a different rule, granting the patent to the first person to file the patent application. In these countries, if the first inventor delays and the second inventor files the patent application first, the second inventor will obtain the patent.” (1)
Patent Law Damages
According to the book “Patent Damages Law and Practice”, authored by John Skenyon, Christopher Marchese and John Land:
“Patent damages has emerged from what some perceive as an afterthought in patent litigation, to the spotlight. In fact, in some cases, it can be the most important issue. Most patent law practitioners are aware of the ultimate result in cases such as those identied above because of the large damages awards, but the underlying reasons for such awards are not often fully appreciated. It is true, of course, that each patent damage case depends in very large part on the unique facts involved. Nevertheless, a proper understanding and application of the law of patent damages as it exists today can greatly improve a patent owner’s chances of maximizing its recovery and an accused infringer’s chances of minimizing its exposure.
For the most part, it appears that patent owners have been fairly quick to follow new trends in the law on patent damages, as well as in exercising considerable creativity in so doing, much
to their nancial benet. Although it is nally changing, for many years the accused infringer’s approach to the damages question seemed mired in outmoded—and do some degree, repudiated— damages defense concepts. This was unfortunate because the damages law does provide opportunities for an accused infringer to adequately defend itself in many cases.
In light of the increased importance placed on damages cases by accused infringers, this is rapidly changing and defenses are becoming more sophisticated, strategic, and successful. The accused infringer is catching up, but patent owners continue to sharpen their tactics and adopt
novel theories and methodologies, seemingly rooted in economic principles, designed to maximize damages….Damages are often almost an afterthought, relegated importance
only at later stages of litigation. Far too often, damages in patent cases are overestimated by plaintis’ counsel and underestimated by defense counsel.”
Patents in the U.S. Code
The United States Patent Code appears in Title 35 of the United State Code.
Resources
Notes and References
- Information about Patent Law Disputes in the Encarta Online Encyclopedia
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