What is Patent Litigation?
Patent litigation occurs when a patent owner (plaintiff) takes legal action against another party (defendant) for allegedly infringing their patent rights. This type of legal proceeding typically takes place in federal court, as patents are governed by federal law. Patent litigation can be extremely complex, time-consuming, and expensive, often involving extensive discovery, expert testimony, and technical analysis.

What Constitutes Patent Infringement?
Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without the patent owner’s permission. There are two types of infringement:
– Direct infringement: When all elements of a patented invention are copied without authorization
– Indirect infringement: When someone induces or contributes to another party’s direct infringement

What are Common Patent Litigation Defenses?
Defendants in patent litigation cases typically employ one or more of these common defenses:
– Non-infringement: Arguing that the accused product or process does not contain all elements of the patented invention
– Patent invalidity: Challenging the validity of the patent based on prior art, obviousness, or failure to meet statutory requirements
– Inequitable conduct: Claiming the patent owner obtained the patent through fraud or deception
– Prior use: Demonstrating the defendant was using the invention before the patent was filed
– License or exhaustion: Showing the defendant has permission to use the patent or that patent rights have been exhausted

What Remedies are Available in Patent Litigation?
Courts can provide several types of remedies in patent infringement cases:
– Injunctive relief: Court orders preventing further infringement
– Monetary damages: Including lost profits or reasonable royalties
– Enhanced damages: Up to triple damages for willful infringement
– Attorney fees: In exceptional cases, the losing party may have to pay the winner’s legal fees

How Long Does Patent Litigation Take?
Patent litigation typically takes between 2-3 years from filing to trial, though this can vary significantly depending on the court’s schedule, the complexity of the case, and whether the parties settle. Some jurisdictions, known as “rocket dockets,” move cases more quickly, while others may take longer. Many cases settle before reaching trial, which can significantly reduce the timeline.