Authors: Mark S. Raskin, Robert (Bob) Whitman, Michael S. DeVincenzo
New York Office, King & Wood Mallesons
1. Introduction
US patent law gives a patent owner the right to exclude others from making, using, offering to sell, selling, or importing into the US the patented invention for a limited period of time. To enforce its rights, a patent owner may bring a patent infringement claim against an alleged infringer in US federal district court or, if the claim involves the importation of allegedly infringing goods, before the US International Trade Commission (ITC). If a patent is found to be valid, enforceable, and infringed in a district court action, the patent owner is entitled to monetary damages of not less than a reasonable royalty and may be able to obtain an injunction preventing further infringement. A patent owner who prevails in an ITC action can seek to exclude the importation of infringing articles. Continue Reading US Patent Litigation
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