Patent Attorney and Founder
Hi everyone I’m JD Houvener your host of the Bowl today’s show where you the inventor entrepreneur business owner is your daily inspiration so you can make the world a better place our in part three of our 10 part litigation series we’re covering today about infringement and direct infringement on Monday we learned about chain of title you know the fact that view the inventor or the entity itself has to prove that they are the true owner before they game and bring an infringement case and yesterday we talked about what is the burden right what does the plaintiff have to show in order to bring their case successfully to the jury and we found out it’s a preponderance of the evidence so today we’re going to talk about the first type of infringement suit that’s called a direct or literal infringement and that’s what you think right this is the case where an infringer is performing all the elements of the patent right you’re able to demonstrate that what’s being what’s being done under the the laws that you have a patent under which is 35 USC Section 271 that someone is either making using selling or importing into the US your patented product now aside from this direct literal interpretation the course have also given some leniency and allowed additional claims to be made for those that try to find loopholes in this law it’s been done before an example is an airplane kit or small parts of the airplane were not assembled here and so the actual patented product of the airplane wasn’t manufactured here what they did is they made all the little parts and ship them over to Europe and then assembled the airplane Court said no that’s not going to fly you’re still liable for patent infringement in the u.s. even though you tried to get around the law there’s also rules for process patents where you actually come up with a process for making a product if that process is performed not in the US but overseas and then shipped into the US now they’re still liable for patent infringement so this week we’re talking about lot of different types of ways that suits can be brought and infringement can be interpreted by the judges so if you’ve any questions about patents in general how to even start the process or you have a patent now and you want to get help with how to enforce your rights give us a call at
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