Patent Infringement Analysis

Copyright, Brain League, 2011.

Patent Infringement and FTO Analysis

Dr. Kalyan C. [email protected]: www.brainleague.com

Blog: www.sinapseblog.comCourse Readings:

www.onlineipcourses.com


Patent Rights

• Territory• Product Patent - Make, Use,

Sell, Offer for Sale and Import.• Process patent - Use


Infringement

• Types – Direct

•Literal•Equivalent

– Indirect


Direct Infringement

• Claim Construction• Comparison• Claim by claim - element by

element


Claim Construction

• Claim

• Preamble • Transition• Body

• I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.


Claim Construction

• Preamble - I claim a 'ceiling Fan'

• Transition - comprising of • Body - base connected to a

solid rod, which in turn is connected to a rotor with three wings.


Claim Elements

• Base• Solid rod• Rotor• 3 Wings


Is this product infringing?

• A ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings.

• I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which inturn is connected to a rotor with three wings.


Doctrine of Equivalence

• Equivalents of a claim• In substance equivalent• Function-Way-Result Test• Prosecution History Estoppel• Obviousness Test – Material

Effect – Part of prior art


Lalabhai v. Chimanlal

• Process of treating dry fruits• Comparison • Sulphuric Acid - Washing Soda• muriatic acid - Acetic acid• Sulphur dioxide fumes under

pressure - Sulphur dioxide fumes without pressure


Raj Prakash V. Mangat Ram

• Process - Printing picture films for use in film strip viewer

• Respondents - Film Viewers - Pictures and films of different dimensions

• Held liable - Substantially Equivalent


Indirect Infringement

• Contributory Infringement• Inducement to infringe


Defenses

• Government use• Research Exemptions• Experiments or education• FDA approval• Other Defenses


Example

• Flav sells fruits with flavours induced into them. Sells fruits like grapes, apples and so on with orange, mango and any other flavour induced into them. Flav's process is as follows:

• Frozen fruits are sorted, sliced and de-frosted;• Water and/or acid treatment is given to the fruits to remove

their natural flavour by removing sugars, acids and other water soluble ingredients;

• Fruits are then immersed in sugar syrup and other flavoured liquids for about three hours; and

• Air is blown on the fruits with force to dry them.

• Flav wishes to avoid patent risks in India. What should it do?


Example

• Claim

• A process for preparing a flavored dried fruit product said process comprising:

• (a) treating a dried fruit with an acidulant being selected from the group consisting of tartaric acid, malic acid, citric acid, ascorbic acid, phosphoric acid, and fumaric acid, in an amount and for a period of time which is sufficient to substantially remove the natural flavor of the dried fruit;

• (b) dehydrating the treated dried fruit to obtain a desired moisture content; and

• (c) treating the dried fruit during step (a) or after step (b) with a flavoring agent having a flavor which does not substantially correspond to the natural flavor of the dried fruit.

• Infringing?


Example

Mesh layer

Guard panel

Patent ACLAIM 1

1) A composite gutter guard …, said gutter guard comprising:

(a) a guard panel

(b) a mesh layer overlying said guard panel …; and

(c) a continuous heat weld defining an uninterrupted longitudinal weld line connecting said mesh layer to said guard panel….

Example

Product B Gutter guard is comprised of a mesh

screen attached to a guard panel by means of an adhesive, hot glue, which is later cooled.



FTO Analysis Process

• Identify key elements of the product

• Develop a search strategy• Patent screening• Patent analysis• Report


Thank You.For more info:

www.sinapseblog.comCourse Readings:

www.onlineipcourses.com

Documents

Patent Infringement Analysis