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Exam 20: Patent Infringement

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Question 21

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Tech Vision, Inc. has purchased several copies of a patented cell phone. It instructed its engineering team to take the phones apart, figure out how they work, and then make identical cell phones for Tech Vision. Have any parties committed infringement? Discuss.

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Yes. The engineers have committed direct...

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Question 22

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Under the America Invents Act, patent owners may request a ______ of their own patents to cleanse or cure their own errors or omissions during their patent's examination process (other than fraudulent acts).

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supplement...

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Question 23

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A _____ patent is one that represents an important breakthrough or advance in the art and is thus often given a broad scope of protection.

Harris Corp. has begun selling metal links to people who use the links to infringe the links on a patented watch band. Has Harris committed infringement? Fully discuss.

The principle that an inventor/patentee is bound by his or her statements made during the process of obtaining a patent in a later action alleging infringement under the doctrine of equivalents and is precluded from later asserting a position inconsistent with one taken earlier is referred to as ______.

In what way does the International Trade Commission help enforce a patentee's rights?

Kevin has been accused of patent infringement and has asserted an invalidity defense. What does this mean? Discuss fully.

A court may award attorney fees to the prevailing party in a patent infringement case.

Robin's patented invention includes Claim 4, with elements A, B, C, and D. a.Marissa's item includes elements A, B, and D. b.Fiona's item includes elements A, B, D, and X, with X substituting forelement C. Discuss whether Marissa and Fiona have infringed Robin's patent. Identify the names of any doctrines or principles that govern your answer.

Why is careful drafting of the claims in a patent application so important?

If device Number 2 is equivalent overall to patented device Number 1, device Number 2 will infringe the patented device even if every element of a claim in the patented item (or its equivalent) is not present in device Number 2.

A patent has four claims. To be liable for infringement, a defendant must infringe all four claims.

Why was the doctrine of equivalents developed-what is the policy reason underlying this doctrine?

Generally, there is no infringement when a product patented in the United States is made and sold in another country.

You purchased a patented ice maker. Over time, it has stopped working as well as it did originally, and you would like to replace a few parts in the item so that it will work better. May you do this, or would such acts constitute infringement? Discuss.