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LITIGATION - PATENT DEFINITION

A patent is a right granted by the federal government to an inventor to exclude others from making, using, or selling the patented invention. Patent litigation typically involves enforcement of the patent owner’s “right to exclude” against an accused infringer. In some cases, a person who feels threatened by a patent owner will file a lawsuit against the patent owner seeking a declaration that the patent is not infringed or that the patent is invalid.

Infringement and validity are the two primary issues at stake in patent litigation and both issues are determined by the “claims” of the patent – short paragraphs which specifically define the limits of patent coverage. The patent owner bears the burden of proving infringement. A patent is infringed if the accused infringer’s product or activities fulfill all elements of at least one claim of the patent. Patents are assumed to be valid, thus the accused infringer bears

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McGinn, Carpenter, Montoya and Love, P.A.

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Sayles Werbner, PC

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