Infringement Analysis: 19 Defenses to a Patent Infringement

Infringement Analysis: 19 Defenses to a Patent Infringement Lawsuit

Copyright 2000-2010. Frederic M. Douglas, fdouglas@cox.net. All Rights Reserved.

Determining whether a patent is infringed should entail the same process that a court would use. Generally, a court would make findings on validity, infringement, and enforceability. Below is a list of nineteen specific defenses to patent infringement claims:

(1) Expired Patent,

(2) Noninfringement under 35 USC § 271,

(3) Anticipation by prior art under 35 USC § 102 (a), (b), (d), (e), or (g),

(4) Obvious over prior art under 35 USC § 103,

(5) Double patenting,

(6) Improper inventorship under 35 USC § 102 (f),

(7) Improper scope of claims under 35 USC § 112,

(8) Fraud,

(9) Antitrust violation,

(10) Plaintiff does not own the patent,

(11) License to the patent,

(12) Abandonment under 35 USC § 102 (c),

(13) Misuse,

(14) Laches,

(15) Intervening Rights,

(16) Lack of utility under 35 USC § 101,

(17) Inoperable invention under 35 USC § 112,

(18) Not statutory subject matter under 35 USC § 101,

(19) Foreign filing after non-publication request.

I identified the above 19 defenses to patent infringement.

Do you know of any others?  Did I get any wrong?  Let me know

About freddouglas
Attorney registered with the U.S. Patent and Trademark Office. Litigation in state and federal courts, copyrights, patents, trademarks, trade secrets, entertainment law, general litigation. https://www.avvo.com/assets/badges-v2.jsLawyer Frederic Douglas | Featured Attorney Litigation

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