美国BIR律师事务所讲座课件2.pptVIP

Only in: United States District Courts United States International Trade Commission (ITC) ITC (337) cases Recent increase in ITC (337) cases being filed against Chinese companies Differences Between ITC and District Court Remedies ITC - prevents the importation of infringing products District court: injunction, monetary damages, other relief deemed just and appropriate First Actions To Take Preserve Evidence: Retain all relevant documents and things – paper and electronic Do not destroy anything that may be relevant (helpful or harmful) First Actions To Take Promptly identify issues involved in dispute Potential Issues Ownership of IP Infringement Patent Validity Enforceability Other Defenses Counterclaims? Direct Infringement Making Using Selling Offering for sale Importing into the USA …any patented invention Indirect Infringement Induced Infringement: Selling a product to a customer who uses it in performing a patented process Customer directly infringes the patent Indirect Infringement Contributory Infringement: Sells or imports into the United States A material part of the invention Knowing the same to be especially made for use in infringement of patent Not an article suitable for substantial noninfringing use Patent Validity A United States Patent is presumed to be valid Burden is on defendant to prove that a patent is invalid by clear and convincing evidence. Noninfringement Easier to show noninfringement Burden is on plaintiff (patent owner) Pleading Phase The Complaint – “Notice Pleading” Responding to the Complaint by Motion Responding to the Complaint by Answer, Affirmative Defenses, and Counterclaims Scheduling Phase Parties prepare proposed schedule for the Court Initial Pretrial Conference with judge Scheduling Order is issued after the Pretrial Conference Discovery Phase Mandatory Initial Disclosures by All Parties Protective Orders Fact Discovery Expert Discovery Fact Discovery Production of Documents and Things Interrogatori