Infringement of the United States Patent Right: A Guide for Executives and Attorneys

By Richard T. Holzmann | Go to book overview
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1
TYPES OF LITIGATION IN GENERAL
The right which a party may have to institute a judicial proceeding is known as a cause of action. "Action" refers more peculiarly to the legal procedure of a controversy; "cause" to its merits or the state of facts involved. Litigation generally means a contest between parties having adverse interests, which is resolved in court.The term patent litigation encompasses causes of action involving patent rights which call into question the scope or validity of a U.S. patent. Since patent rights are the exclusive province of the federal government, such cases are brought before the federal courts. Causes of action which involve patent rights but which do not call into question the scope or validity of a U.S. patent are generally not considered to be encompassed by the term patent litigation. Questions arising under contracts, such as licensing agreements or employment agreements, and testamentary disposition of patent rights may be tried in the various state courts.The causes of action which arise under the patent laws of the United States and which are thus recognized by the federal courts include actions:
1. for damage caused by patent infringement [ 35 USC 281 and 284];
2. for injunction and other relief because of infringement [ 35 USC 281 and 283];
3. by the United States to cancel a patent for fraud [a Suit in Equity];
4. in the United States Claims Court for the unlicensed use of an invention by the United States [ 28 USC 1498];

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