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Tag: willful infringement

Infringement, Invalidity, Patent Invalidity

Active Inducement of Infringement: A Good Faith Belief in Invalidity is Not a Defense

June 19, 2015stevehansenInducement of Infringement, willful infringement

On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., (Case No. 13-896, May 26, 2015). A copy of the slip opinion may be found here.  Active Inducement of Infringement: A Good Faith
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Damages, Patent Litigation

Defending the Patent Case – The America Invents Act’s Advice of Counsel Provision

November 27, 2012stevehansenAIA, America Invents Act, Enhanced Damages, willful infringement

A key decision for many accused infringers is whether to rely on an opinion of counsel to rebut a claim of willful infringement.  A finding of willful infringement opens the door to the assessment of enhanced damages which can be as much
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Damages, Infringement, Patent Litigation

Can I Make My Patented Product?—The Negative Monopoly Provided by Patents

March 5, 2012March 3, 2012stevehansenopinion of counsel, right to use, willful infringement

  One of the most frequently misunderstood concepts in patent law is that it is a negative monopoly.  That means a patent provides a right to exclude other people from making, using, selling, offering to sell or importing what the patent claims. 
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Recent Posts

  • Defending the Patent Case – Make Sure to Serve This Interrogatory
    by stevehansen
    September 16, 2020
  • Can I Patent a New Way of Using an Existing Product?
    by stevehansen
    September 16, 2020

Tag Cloud

Claim Construction (13) Infringement (12) Invalidity (26) Patentability (15) Patent Invalidity (11) Patent Litigation (39) Patent Preparation and Prosecution (34) Patents (40) Portfolio Development and Innovation (33) Reexamination and Post Grant Review (6) Uncategorized (5)

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