Talk:Patent infringement
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[edit] Taking legal action
I am a bit surprised at this:
Depending on the patent laws in the country where the patent infringement has taken place, the owner of the patent may take legal action against those who did the infringement.
Is there really a country where it isn't possible to take legal action to protect its own right against infringement? --Edcolins 21:18, Sep 17, 2004 (UTC)
Yes. U.S. patent law is territorial, in that it generally doesn't cover actions taken abroad. If a U.S. patent in infringed in Country X, but isn't brought into the U.S., there may not be any remedy outside the courts of X. But if there is no patent filed in X, since patents are not international like copyright, there may be no remedy for the U.S. patent holder. --Anon3L
- I think you misunderstand the question - the question was more: is there any country where you can be granted a patent where that patent cannot be enforced? Don't forget that this article is not just about US patent law. In any event, this problem was resolved years ago from the look of it. GDallimore (Talk) 07:59, 12 March 2008 (UTC)
[edit] Patent Pirate section
In the penultimate paragraph of the section it is said that the term has been used to describe parties that obtain unduly broad rights, but then the rest of sections describe pirates in the context of infringement of patent - this is somewhat confusing to the reader. Also, the statement "The "patent pirate" strategy is not lawful" could do with some explanation as to why and how. I don't want to interfere and try and change things as I'm not up to speed on the subject. Kcordina Talk 10:32, 27 June 2006 (UTC)
[edit] A million bucks to file a suit?
From the article: "In the US, for example, an inventor must budget $1 million or more in order to initiate patent litigation."
What? Last time I checked it was only a couple hundred bucks to file in your local district court. Sure, discovery costs, court costs, attorney's fees, and such can add up pretty quickly (especially against a large corporation)... but it is a pretty bold statement to say you need a million dollars to even START a suit. Gront 04:39, 10 December 2006 (UTC)
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- From my 2001 AIPLA Economic Survey (US), the median total cost of a patent infringement lawsuit through discovery (law) is $0.8 million USD where the damages sought range from $1 million to $25 million. An updated 2005 survey can be ordered from AIPLA.--Nowa 18:19, 10 December 2006 (UTC)
- I'm curious what the mean is rather than the median. Gront 04:34, 15 December 2006 (UTC)
- Good question. The mean will be significantly higher than the median due to the effect of a small number of very expensive cases. A large pharma case, for example, can run $35 million in legal bills (for each side!). That may seem like a large number, but not when you consider the fact that a billion dollars in lost profits might be at stake. (This is all US centric) --Nowa 11:22, 15 December 2006 (UTC)
- I'm curious what the mean is rather than the median. Gront 04:34, 15 December 2006 (UTC)
- From my 2001 AIPLA Economic Survey (US), the median total cost of a patent infringement lawsuit through discovery (law) is $0.8 million USD where the damages sought range from $1 million to $25 million. An updated 2005 survey can be ordered from AIPLA.--Nowa 18:19, 10 December 2006 (UTC)
[edit] Indirect infringement
I took some time to restructure the U.S. section on indirect infringement and make sure it had helpful references. It might deserve it's own subpage to go into more depth, but I'm not sure. Most of the information is cited to the standard patent treatise, Chisum, and it is all uncontroversial. More could be said about the knowledge requirements of 271(b), but I'm not sure this is the place to say it. --Anon3L —Preceding unsigned comment added by [[User:{{{1}}}|{{{1}}}]] ([[User talk:{{{1}}}|talk]] • [[Special:Contributions/{{{1}}}|contribs]])
- I think it's definitely time to have a separate US Patent Infringement page. This article is getting more and more US centric. I'll give it a go and see what people think. GDallimore (Talk) 08:01, 12 March 2008 (UTC)
