Intellectual Property Law
Types of Patent Infringement
There are three types of patent infringement:
- Direct Infringement. Occurs when a party deliberately uses, sells, manufactures, or offers for sale a patented invention within the United States.
- Contributory Infringement. Occurs when a party sells, offers to sell, or imports a component for manufacturing or practicing any process protected by patent, and the only use of that component is for the purpose of practicing that patented process. Contributory infringement requires that the accused party had knowledge of and the intent to infringe upon the patent. Also required is proof that a third-party committed direct infringement using the accused party’s component.
- Inducement. Occurs when a party induces or encourages a third-party to participate in an action that infringes the patent. The accused party must have knowledge that the acts undertaken comprise infringement, and the intent to infringe. Also required is proof that a third-party committed direct infringement based on the accused party’s inducement.
Catherine Rajwani
Principal Attorney
PHONE: 508-393-9244
EMAIL: crajwani@harborlaw.com
Catherine Rajwani is an intellectual property and business litigation attorney.
Ms. Rajwani handles a full range of intellectual property and business issues in her practice including patent, trademark, copyright, trade secret, contract and business tort disputes. She has participated in all phases of litigation, from pre-litigation counseling through trial and appeal, in federal courts throughout the country. She is also skilled in alternative dispute resolution proceedings.
Find out more about issues in our related practice areas
Intellectual Property Law
Trademark Protection
Trade Secrets
Copyrights
Patents
Intellectual Property Law
Insights, opinions and decisions you should know about
Defend Trade Secrets Act: Two Years Later
It has been more than two years since President Obama signed the Defend Trade Secrets Act (DTSA) into law, which created a federal, private, civil cause of action for trade-secret misappropriation in which “[a]n owner of a trade secret that is misappropriated may...
Where Do You Sue for Patent Infringement? – Proper Venue Post ‘TC Heartland’
In May of 2017, the Supreme Court unanimously reversed the Federal Circuit’s 25-year-old precedent on venue for corporate defendants.[1] Venue is the proper or most convenient location for trial of a case, and is governed by state and federal statutes. The 10-page...
Cost-Effective Mechanisms for Enforcing Intellectual Property Rights
In my practice, I counsel small and midsize business clients, many of which are astute with regard to securing their intellectual property rights. They have federally registered their trademarks with the U.S. Patent and Trademark Office, secured a portfolio of patents...
How Do I Defend a Patent Lawsuit?
The Top 5 Ways to Defend Your Company in Patent Infringement Litigation You discover that your company has been sued for patent infringement. After reviewing the patent cited in the complaint, you determine that the technology described relates to your company’s...
Get in touch with us.
Learn more about how we can help.
