Discovery of Patent Infringement

Abstract

A GRANT by letters patent confers upon its owner a 17-year-long privilege to exclude others from making, using, and selling the patented invention. The invasion of this right is called infringement, and the invader may be made answerable at law and in equity to be enjoined from future violations and to pay damages. The statute provides for patent enforcement in the federal courts and such an action is usually instituted by patentee or his assignee. As in all civil actions, the Latin maxim of law probandi necessitas incumbit illi qui agit—the necessity of proving rests upon him who sues—controls the proceedings. The defendant, has the right to plead noninfringement and in validity of the patent, which entails a complete reexamination and interpretation of the claims before the court and which all too frequently results in a restriction or revocation of the monopoly previously acquired. Before a patentee embarks upon a costly and cumbersome infringement suit, ...