1,181
edits
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: '''Complaint''': Document filed in a district court claiming patent infringement. The complaint identifies who has allegedly infringed the patent and how. Often very vague (hence the Innovation/Patent Act). Complaint will be served to the defendant after being filed. Defendant will then be summoned. :*Complaints can also allege willful infringment of a patent/patents. If the plaintiff
: '''Motion to Transfer''': Defendant serves a motion to transfer if the district where the complaint was
→Definition of Litigation Steps
==Definition of Litigation Steps==
proves willful infringment then the court may award a larger amount of damages to the
plaintiff.
:*The plaintiff chooses the District Court to file the complaint. Typically chooses
a district where alleged infringement has occurred or infringing products have
been distributed.
:*Factors that play into choosing venues include time in between filing of complaint and
judgement rendered, "experience level of judges", procedural rules, and "sophistication
of jury pool."
filed is not the business's primary working location. Transferring locations enables defendants
to have access to relevant witnesses and documents for discovery.
Answer: Defendants file and serve an answer to the original complaint. The answer typically consists
of a response (denial/agreement) to each asserted claim of infringement in the complaint.
:* Affirmative Defense: defendant claims the asserted patent is invalid or unenforceable or
claims non-infringement.
:* Equitable Defense: may be included in defendant's answer. Examples are inequitable conduct or laches. Inequitable conduct alleges that the plaintiff has not been honest and forthcoming with the USPTO when applying for a patent. Laches protects the defendant from potential bias and paying damages to the plaintiff, if the plaintiff delayed filing the complaint for no apparent reason. :*If the answer's claims of inequitable conduct are found to be valid, the asserted patent may be found unenforceable. The patentee may no longer be able to exclude others from using the patented
idea and will not be awarded damages for use of the idea.
