Question 1

To obtain a patent, Mark amended his application and narrowed his Claim 2. Jack's accused device falls within the scope of Mark's original Claim 2 but not the amended Claim 2. Jack's device does not infringe the patent.

Accepted Answer

Since Jack's device falls outside the scope of the amended Claim 2, which is the claim granted in the patent, it does not infringe on the patent. Patent infringement requires that the accused device fall within the scope of the granted claims.

Question 2

A court may award attorney fees to the prevailing party in a patent infringement case.

Accepted Answer

According to 35 U.S. Code § 285, a court may award reasonable attorney fees to the prevailing party in exceptional cases.

Question 3

Tech Vision, Inc. has purchased several copies of a patented cell phone. It instructed its engineering team to take the phones apart, figure out how they work, and then make identical cell phones for Tech Vision. Have any parties committed infringement? Discuss.

Accepted Answer

Yes. The engineers have committed direct infringement by making a patented item; although they may have acted innocently, infringement has still occurred. Such innocence may serve to reduce damages but it does not excuse infringement. Tech Vision (and its officers and directors) has committed indirect infringement. It has encouraged and induced infringement (similar to "aiding and abetting" a criminal act) by instructing its engineers to infringe the patented cell phone.

Question 4

Harris Corp. has begun selling metal links to people who use the links to infringe the links on a patented watch band. Has Harris committed infringement? Fully discuss.

Accepted Answer

The answer of Harris Corp. has begun selling metal links...

Question 5

Fraud or inequitable conduct by a patentee in the process of obtaining a patent will render a patent resulting therefrom unenforceable.

Accepted Answer

This principle is known as the doctrine of unclean hands and is recognized in patent law. Fraud or inequitable conduct can include intentional misrepresentation, withholding of material information, or other unethical behavior during the patent application process. The consequence is that the resulting patent may not be enforced in court.

Question 6

You purchased a patented ice maker. Over time, it has stopped working as well as it did originally, and you would like to replace a few parts in the item so that it will work better. May you do this, or would such acts constitute infringement? Discuss.

Accepted Answer

The answer of You purchased a patented ice maker. Over...

Question 7

Ted has made two copies of Trina's patented invention. He has no plans to sell or offer to sell the invention. Has Ted infringed Trina's patent? Discuss.

Accepted Answer

The answer of Ted has made two copies of Trina's...

Question 8

Once a patent application is filed, it may be enforced through an infringement action.

Accepted Answer

A patent application must be granted and issued as a patent before it can be enforced through an infringement action.

Question 9

If there is no direct infringement, there can be no indirect infringement.

Accepted Answer

Indirect infringement, such as contributory infringement or inducement of infringement, requires the existence of a direct infringement because it is predicated on aiding, abetting, or otherwise facilitating an act of direct infringement by another party.

Question 10

Generally, a patentee who amends a patent and narrows a claim gives up protection only for those things that were foreseeable by those skilled in the art covered by the patent.

Accepted Answer

When a patentee narrows a claim through an amendment, they are giving up protection only for the subject matter that was foreseeable by those skilled in the art covered by the patent. This is known as the doctrine of equivalents, and it allows the patentee to maintain protection over their invention while also making adjustments to the scope of the claim.

Question 11

In what way does the International Trade Commission help enforce a patentee's rights?

Accepted Answer

The answer of In what way does the International Trade...

Question 12

Robin's patented invention includes Claim 4, with elements A, B, C, and D.
a.Marissa's item includes elements A, B, and D. 
b.Fiona's item includes elements A, B, D, and X, with X substituting forelement C. 
Discuss whether Marissa and Fiona have infringed Robin's patent. Identify the names of any doctrines or principles that govern your answer.

Accepted Answer

The answer of Robin's patented invention includes Claim 4, with...

Question 13

Generally, there is no infringement when a product patented in the United States is made and sold in another country.

Accepted Answer

This is known as the territoriality principle, which means that a patent granted in one country has no effect outside of that country. However, if the product is imported back into the United States, then the patent owner may have the right to stop the importation under certain circumstances.

Question 14

If device Number 2 is equivalent overall to patented device Number 1, device Number 2 will infringe the patented device even if every element of a claim in the patented item (or its equivalent) is not present in device Number 2.

Accepted Answer

For a device to infringe on a patent, it must contain each and every element of at least one claim of the patent or an equivalent to each element. If an element or its equivalent is missing, then the device does not infringe based on that claim.

Question 15

There is no statute of limitations for bringing an action for patent infringement.

Accepted Answer

There is no time limit for bringing an action for patent infringement.

Question 16

Distinguish between direct and indirect infringement.

Accepted Answer

The answer of Distinguish between direct and indirect infringement....

Question 17

A patent has four claims. To be liable for infringement, a defendant must infringe all four claims.

Accepted Answer

A defendant can be liable for patent infringement if they infringe even one claim of a patent, not necessarily all four.

Question 18

For indirect infringement to occur, the defendant must know that his or her acts will cause infringement.

Accepted Answer

This is known as the "knowledge requirement" for indirect infringement. The defendant must have actual or constructive knowledge that their acts will lead to infringement.

Question 19

Why is careful drafting of the claims in a patent application so important?

Accepted Answer

The answer of Why is careful drafting of the claims...

Question 20

You purchased a patented juicer. May you sell it to another or would such be an act of infringement? Discus and identify the names of any doctrines or principles that govern your answer.

Accepted Answer

The answer of You purchased a patented juicer. May you...

Quiz 20: Patent Infringement