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{{McNair Projects
|Project Title=Guide to Patent Litigation (Wiki Page)
|Topic Area=Patents and Innovation
|Owner=Marcela Interiano
|Start Term=Summer 2016
|End Term=TBD
|Status=In Development
|Deliverable=Wiki Page
|Audience=General Public, Entrepreneurs
|Skills Needed=Wiki Page maintenance
|Keywords=Patents, Litigation
|Primary Billing=AccMcNair01
}}
==Abstract==
The Wiki Page will run through the steps of patent litigation.
==Definition of Litigation Steps==
Guide to Patent Litigation (view source)
Revision as of 13:21, 20 September 2020
, 13:21, 20 September 2020no edit summary
<section begin=litigation />In 2014, approximately 5,700 patent cases were filed for litigation. <ref name="pwc" /> Roughly, 2% of all granted patents are litigated. Infringement claims drive patent litigation, classified under code 830 by the United States Courts. [https://www.pacer.gov/] Each patent case varies in development, resolution, and time frame. However, there is a basic template for patent litigation consisting of options for motions, orders, actions, patent findings, and resolutions. ===Litigation Timeline===
[[File:Patent_Litigation_Timeline.jpeg|900px|thumb|left| General steps in patent litigation process| Copyright 2010 Knobbe Martens Intellectual Property Law Firm]]
As provided by [https://knobbe.com/pdf/2010-December-The-US-Patent-Litigation-Process.pdf| Knobbe Martens Intellectual Property Law Firm], the following steps are generally followed in most patent cases. ::# Complaint is filed by the plaintiff alleging patent infringement of one or more patents. ::# Defendant may file a transfer motion. ::# Defendant is then able to serve an answer to the complaint and assert counterclaims. ::# After the meeting of counsel, discovery of facts and expert testimony. ::# Motions may be filed. ::# Pretrial briefing occurs. ::# Trial by jury (6-12 jurors) begins and provides a final judgment if a settlement or dismissal has not occurred. ===Useful Definitions===The following defines key steps in patent litigation as well as components included in each step. They correspond loosely to the order provided in the timeline above.
'''Complaint''': Document filed in a district court claiming patent infringement. The complaint identifies who has allegedly infringed the patent and how. Often very vague (hence the Innovation/Patent Act). Complaint will be served to the defendant after being filed. Defendant will then be summoned.
:*Complaints can also allege willful infringement of a patent/patents. If the plaintiff proves willful infringement then the court may award a larger amount of damages to the plaintiff.
:*The plaintiff chooses the District Court to file the complaint. Typically chooses a district where alleged infringement has occurred or infringing products have been distributed.
:*Factors that play into choosing venues include time in between filing of complaint and judgement rendered, "experience level of judges"the judge has with patent litigation, procedural rules, and "sophistication of jury pool's technical knowledge."
'''Motion to Transfer''': Defendant serves a motion to transfer if the district where the complaint was filed is not the business's primary working location. Transferring locations enables defendants to have access to relevant witnesses and documents for discovery.
'''Answer''': Defendants file and serve an answer to the original complaint. The answer typically consists of a response (denial/agreement) to each asserted claim of infringement in the complaint. :* Affirmative Defense: defendant claims the asserted patent is invalid or unenforceable or claims non-infringement.
:* Equitable Defense: may be included in defendant's answer. Examples are inequitable conduct or laches. Inequitable conduct alleges that the plaintiff has not been honest and forthcoming with the USPTO when applying for a patent. Laches protects the defendant from potential bias and paying damages to the plaintiff, if the plaintiff delayed filing the complaint for no apparent reason.
:*If the answer's claims of inequitable conduct are found to be valid, the asserted patent may be found unenforceable. The patentee may no longer be able to exclude others from using the patented idea and will not be awarded damages for use of the idea.
'''Appeals''': If the losing party does not agree with the result of the trial, it may submit appeals to the US Federal Court of Appeals.
<section end=litigation />
==Source==
@article{lateef2010U.S.,
title={The U.S. Patent Litigation Process},
author={Lateef, Irfan A and Zoretic, Marko R},
year={2010},
publisher={Knobbe Martens Intellectual Property Law},
filename={The U.S. Patent Litigation Process}
}
==Content==
==References==
<ref name="pwc">[https://www.pwc.com/us/en/forensic-services/publications/assets/2015-pwc-patent-litigation-study.pdf] '2015 Patent Litigation Study', PWC (May 2015).
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