4. Infringement
•
A party (other than the patentee or licensee of the patentee) that
manufactures, imports, uses, sells, or offers for sale patented
technology without permission/license from the patentee, during the
term of the patent and within the country that issued the patent, is
considered to infringe the patent.
5. Infringement
•
A party (other than the patentee or licensee of the patentee) that
manufactures, imports, uses, sells, or offers for sale patented
technology without permission/license from the patentee, during the
term of the patent and within the country that issued the patent, is
considered to infringe the patent.
•
The infringing party's product or method falls within one or more of
the claims. Test: Reading a claim onto the technology (claim chart),
see next slide.
6. Infringement
•
A party (other than the patentee or licensee of the patentee) that
manufactures, imports, uses, sells, or offers for sale patented
technology without permission/license from the patentee, during the
term of the patent and within the country that issued the patent, is
considered to infringe the patent.
•
The infringing party's product or method falls within one or more of
the claims. Test: Reading a claim onto the technology (claim chart),
see next slide.
•
Direct vs indirect infringement vs contributory infringement etc.
20. Not cheap...
For a claim that could be worth less than a $1
million, median legal costs are $650,000. When
$1 million to $25 million is considered "at risk,"
total litigation costs can hit $2.5 million. For a
claim over $25 million, median legal costs are
$5 million.
Source: American Intellectual Property Law Association 2011
33. Patent landscape
•
Who is doing it?
•
A start-up
An established industry player
An investor
What will it be used for?
-
General patent landscaping (e.g. management presentation)
Cross-license agreement
Law suit/nullification
34. Patent landscape
•
Who is doing it?
•
An established industry player
An investor
What will it be used for?
•
A start-up
General patent landscaping (e.g. management presentation)
Cross-license agreement
Law suit/nullification
How much time/money am I prepared to pay? (50%-75%-95%)
-
Internal/external
35. General Patent Landscape
• ”10,000 m overview” (or lower)
• Trends
• Major patent holders
• Key patents
• Areas of high/low patenting
36. Patent landscape
Establish a view based on
-
IPC class
Key words
Assignees (eg. Competitors)
Inventors
Time/Trend
Countries
Legal status
44. Infringement - what do I do?
• Patent vs. application
• Validity (here: fee paid)
45. Infringement - what do I do?
• Patent vs. application
• Validity (here: fee paid)
• Ignore
46. Infringement - what do I do?
• Patent vs. application
• Validity (here: fee paid)
• Ignore
• Design around
47. Infringement - what do I do?
• Patent vs. application
• Validity (here: fee paid)
• Ignore
• Design around
• Business solution: Cross-license/take license
48. Infringement - what do I do?
• Patent vs. application
• Validity (here: fee paid)
• Ignore
• Design around
• Business solution: Cross-license/take license
• Legal solution: Find prior art and invalidate
49. Infringement - what do I do?
• Patent vs. application
• Validity (here: fee paid)
• Ignore
• Design around
• Business solution: Cross-license/take license
• Legal solution: Find prior art and invalidate
• Withdraw product from market