PATENT LITIGATION

Introduction

Patent litigation includes legal actions to protect patents against infringement, and may result in monetary damages or an injunction against the infringement. Patent litigation is defind as the result when somebody other than the holder of patent uses the patented idea. A patent basically means the idea or innovation which is created by a person or an organization which is registered under their name. Patent litigation is  the legal process by which an owner of a patent sues another for manufacturing or selling the patented art, invention, or design without permission. Patent litigation in India is one of the major problems faced by most of the organizations, bigger or smaller in investment, mainly due to improper information available publicly of the patent or an attempt knowingly by the litigator

Why is patent litigation important ?

•Patent litigation is important for protecting patent from infringement or violation

•With patent litigation you can take another party to court if you believe they’ve used your patent without approval or licensing

•However patent litigation costs time and many

Patent Litigation Examples

•Robocast, Inc. v. Microsoft Crop.- D. Del. (2011-present) represent defendant Microsoft in case relating to automated web browsing tools.

•American Superconductor Corporation v. S&C Electric – D. Mass. (2011-present ) represent plaintiff AMSC in case involving multiple patent relating to reactive power compensation devices.

•EveryScape v. Adobe Incorporated- D. Mass. (2010-present) Represented defendant and counterclaim-plaintiff Adobe Incorporated in case involving multiple patents relating to photo editing software.

Objects while dealing patent litigation

Entities are the parties involved in the procedure of patent litigation, which can vary from any number of individuals or business entities. The claim of winning  is the important thing to be considered while dealing with the matter of patent litigation where a solid proof is required by the company owning the patent by showing the patent rights in a restricted manner to the offending party. Patent are provided by the federal law governed by the federal agency of India. And the patent litigation in India takes place initially at the District court and can be taken up to the International Trade Commission if there is an involvement of international entities. The final relief is sought by the owner of the patent after a successful patent litigation after which he can obtain a court order declaring the patent is valid and has been infringed by the offender, stopping the offender immediately of using the patent idea.

Stepwise dealing the patent litigation in India

•The following is the basic process to be followed by the owner of the patented idea to be successful in saving the right of its patent :

Search out the litigation : the foremost thing to be done by the patent owner is to search out how its patent has been infringed by the offender and does this actually lead to patent litigation or it is just the false accusation to be put on the entity. A thorough research has to be done have a solid proof of the offender intruding the patented ideas of the patent owner.

Asking specific questions : next step involve the person to person questioning the offender about the infringement . When you get to know that your idea has been litigated, you step out to ask the valid questions regarding the offensive step taken regarding the patent litigation while consulting the law firm so that it can proceed the way it is meant to be.

Expose the litigation : the process goes on to the stage where you can expose the patent litigation which is done by the offender with the valid amount of proof to be disclose at the time of need. This is a very important step where you get the public know the damage which has been done by the offender to your patent rights.

Prove the claim for your patent right : her you are entitled to prove how the patent rights are reserved for you and this solely is under your control to do whatever change or use of the patent idea.

Finding out the real offender : this very step required the proper consultancy of a legal firm, here KNOWLEDGENTIA consultancy, provide the full support on finding out the real lawbreaker who has been involved in patent litigation in India so that proper step can be taken against the offender under the jurisdiction.

Aid in court : when taken up this matter in to the judicial system of India, proper way is presented where the owner puts up this issue in the eye of law and demand the right decision to be taken against the offending entity .

Preparation for questions : this marks as the last stage where the owner is asked the questions as to how the right belong to the owner and how the case of patent litigation came up to the positions as it is now.

               With the process as discussed above, you can get the proper justice to the patent litigation in India occurred to the patent under your rights.

What Is The Forum For The Conduct Of Patent Litigation ?

•The hierarchy of court in India entails, the following courts

The Supreme Court of India being the apex Court, which exercises original and appellate jurisdiction over the entire territory of India.

High Court at state level which are at the top of the judiciary for each of the states.

The District Court are court of original jurisdiction. District court also includes the City Civil Court, and the Court of Additional District Judge, Joint District Judge, Assistant District Judge.

Patent Litigation Insurance

•A party involved in or considering litigation might buy patent litigation insurance. Also known as After the Event (ATE), it covers the risk of litigation around a patent or family of patent. Both a defendant and plaintiff can buy patent litigation insurance for reasons of prosecution or defence.

•Patent litigation insurance is unique because of how it’s paid. There’s always flexibility when it comes to premium payment. Examples of payment time include :

Premium only payable if the case succeeds. This allows parties to get patent litigation insurance without initially having money to do so.

Premium payable up-front or when taking out the policy. It’s also beneficial if the case involve injunction instead of monetary damages.

•One problem with patent litigation insurance is that only a few law firms have the ability and expertise to offer it.

Patent Litigation And The U.S. International Trade Commission (ITC)

•The ITC provide alternatives to traditional patent litigation. According to section 337 of U.S. Code (U.S.C.), the ITC can hear cases from US patent holders. These cases involve patent infringement from imported goods.

Advantages To Litigation With The ICT

Quicker decision times: according to section 337, the ITC must make an investigation and ruling expeditiously. This includes setting a deadline for judgment shortly after case filings. This id done usually between 12 and 15 months.

No juries: there are no juries in ITC Section 337 cases. Instead, an administrative law judge hear the case and make a decision.

ØGeneral exclusion order: if there are several infringing products from several sources, the ITC can issue a general exclusion order. This includes barring products from parties not named within the ITC lawsuit.

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