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

By Richard T. Holzmann | Go to book overview
Save to active project

5
DEFENSES

Defenses to allegations of patent infringement fall into two broad groups, statutory defenses and equitable defenses.

In statutory defenses, proof of such allegation will result in invalidity of the patent because it does not meet the requirement of the statute to obtaining a patent or that the patent is not infringed. These defenses include the public use and on sale defenses of 35 USC 102; or the defense of obviousness under 35 USC 103; or the defense of enablement and best mode under 35 USC 112.

The other broad class of defenses, equitable defenses, result in the unenforceability of the patent due to fraud and inequitable conduct, or misuse or delay in filing suit resulting in laches or estoppel. Laches, in general, refers to the conduct of a party which has placed the other party in a position where his rights will be imperiled and his defenses embarrassed. Usually, it is based on delay, attended by or inducing a change of condition or relation. An estoppel arises when one is concluded and forbidden by law to speak against his own act or conduct. Estoppel by laches is a failure to do something which should be done or to claim or enforce a right at a proper time.

Generally speaking, a defendant will respond to a complaint by alleging through the answer or counterclaim every defense possible for fear that failure to allege a defense will be later prohibited, and at the time of filing the answer, the defendant will not have had sufficient time for adequate discovery on many of the defenses.

Enforcement of a patent against otherwise infringing conduct may be precluded by three major defenses:

-137-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Infringement of the United States Patent Right: A Guide for Executives and Attorneys
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 240

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?