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Patent Conflicts

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    Claim Comparison

    • The most important aspect of a patent conflict is proving the validity of the infringement claim. According to 35 USC § 282, the court presumes that all patents are valid, and the claimant needs to prove the claim of infringement. This section also lists the various defenses in an infringement action.

    Injunction

    • An injunction is a court order to prohibit an activity. In the case of patent infringement, 35 USC § 283 delineates injunctions in patent infringement actions. This section states that the several courts with jurisdiction over patent conflicts may grant injunctions prohibiting infringers from violating secured patent rights.

    Damages

    • According to 35 USC § 284, once the court rules in the favor of the claimant, reasonable damages are awarded to adequately compensate the claimant. This section also states that the court may hear expert testimony to aid in the determination of damages.

    Patent Attorneys

    • Patent infringement claims are often difficult to prove due to the complex patent regulations and codes. Patent attorneys specialize in representing patent holders who seek remedy in infringement cases. The USPTO website has a directory of registered patent attorneys.

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