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→Definition of Litigation Steps
'''Motion to Transfer''': Defendant serves a motion to transfer if the district where the complaint was 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.
