Also known as: patent infringement · infringing a patent · patent infringer
Written by attorneys · grounded in primary & secondary sources — see below
Unauthorized making, using, selling, or offering for sale of a patented invention within the United States during the patent term. Liability requires that the accused product or process fall within the scope of a valid claim of the patent.
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Innovate Pharmaceuticals obtained a judgment that Island Manufacturing infringed its patented drug formulation. The district court deferred the accounting of damages and profits to a separate proceeding. Island Manufacturing filed an immediate appeal to the Federal Circuit.
Interlink Communications sold components designed solely for use in a patented communication system. The patent holder sued, alleging that the components had no substantial noninfringing use and that Interlink knew of the patent.
Idris Ives sued Icarus Aviation for patent infringement over an aircraft component. The parties disputed the meaning of a key claim term describing the component's attachment mechanism, which the court resolved before trial.
Imran Iyer distributed software that enabled users to infringe a patented data-processing method. The patent owner proved that Iyer promoted the software specifically for infringing uses and that widespread infringement resulted.
Isabelle Inman sued Israel Irving's company for patent infringement. The district judge referred complex technical issues to a special master over objection. The defendant sought mandamus to vacate the reference.
Ines Ibarra sued her former patent attorney for malpractice arising from a lost infringement case. The Supreme Court addressed whether the malpractice claim arose under federal patent law for jurisdictional purposes.
A judgment finding infringement is immediately appealable to the Federal Circuit when it is final except for an accounting of damages. The statute expressly authorizes review at that stage so that core liability issues can be resolved without awaiting the often lengthy damages phase.
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Contributory infringement occurs when a party sells a component of a patented invention knowing it is especially made or adapted for use in an infringement and has no substantial noninfringing use. Courts look to patent law principles for guidance on the knowledge and material contribution requirements.
…collateral estoppel. In Blonder-Tongue , this Court approved the defensive use of collateral estoppel by a patent licensee in a patent infringement suit. We held that a defendant could preclude a patentee from relitigating the validity of a patent that had been held invalid in a prior suit against another defendant. The present case…
…copyright area, we do look for guidance to patent law's statutory prescriptions." [^maj-20]: "The
…and Plant Variety Protection Remedy Clarification Act (Patent Remedy Act). We held that the statute, which subjected States to
…only in response to state transgressions. See Florida Prepaid , 527 U. S., at 640 ("It is this conduct then—unremedied
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The court, not the jury, construes patent claims as a matter of law. This allocation ensures uniform interpretation of claim scope across cases and allows the judge to resolve legal questions before factual infringement issues reach the jury.
A party is liable for inducement when it knowingly takes steps to induce others to infringe and the induced acts actually constitute infringement. Evidence of intent can include advertising or instructions that promote infringing uses.
Yes. The statute creates an express exception allowing immediate appeal from a liability judgment in a patent case that is final except for an accounting, promoting efficient resolution of the central infringement issues.
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