Silicon Valley Business School

Patents & IP: Patent Litigation
Free Extracts from the Patents & Intellectual Property Course
Below you are free to explore extracts of the learning materials included in this course. If you're interested in educating yourself on these topics, we recommend that you review all these materials. If you're looking for a credential, please take a look at the certificate version of this course which will test your understanding of the materials and track your progress through the course until you have completed it and earned your certificate.

  • Video ~ Patents: Strange Truths about Infringement
This voice narrated slideshow shares insights on issues regarding Patent Infringement.

  • Video ~ Notice Means Willful Infringement Means Triple Damages
An infringer knowingly, willfully infringing a patent is treated somewhat harsher by the courts than a company unwittingly practicing a patented invention without a license. In fact, the punishment for willfully infringing is a judgment of triple damages.

  • Video ~ Declaratory-Judgements
An entity that is “potentially” (or accused of) infringing a patent(s) can bring a lawsuit against the patent holder and ask the court for a declaratory judgment, (i.e. ask the court to declare that infringement has not taken place): In this situation, the patent holder is forced to file a claim of infringement, otherwise the right to claim infringement by the patent holder against the entity that brought the “declaratory judgment” lawsuit is forever lost.

A Practice Note discussing patent infringement claims and defenses in the US federal courts. It provides an overview of direct and indirect infringement claims, claim construction and key defenses under US patent law, as modified by the Leahy-Smith America Invents Act (AIA). It also includes a brief discussion of procedural considerations, remedies and alternative forums for patent dispute resolution, including post-grant and pre-issuance proceedings in the USPTO under the AIA.

Example of how the court can invalidate a patent on the grounds of prior art, obviousness and other reasons.

  • Video ~ Patent Remedies ~ Injunctive Relief
Video looks at injunctive relief in patent law, including preliminary injunctions.

  • Video ~ Patent Remedies ~ Damages
Video looks at patent damages, willful infringement, and attorney's fees.

The Supreme Court limited the power of patent holders by reversing a lower court decision that gave printer maker Lexmark control over its ink cartridges after they'd been sold.



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