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Defenses to Patent Infringement

Learn about defenses to patent infringement, including invalidity and inequitable conduct.


An accused infringer has a variety of possible defenses to a claim for patent infringement. The accused infringer can argue noninfringement by negating an element of the patent owner’s case. Typically, an accused infringer attacks a patentee’s infringement case on two fronts. First, an accused infringer seeks a favorable claim construction that interprets disputed terms in such a way that its accused conduct falls outside the claims. Second, the accused infringer seeks to factually...