Patent Litigation In The United States - An Overview

A patent is a right granted by the government to exclude others from making, using, selling, offering to sell, or importing a claimed invention. Once the right is granted, the patentee may use the U.S. Federal Courts to enforce that right. Reading a patent from a litigation perspective is quite different than reading it from a technical perspective. The Judge's interpretation of the claims will affect their scope, and likely the ultimate outcome of a patent case. Additionally, the patent right can be challenged. If done successfully, the patent can be rendered invalid or unenforceable. The likelihood of success, and well as the achievement of other litigation goals is often influenced by the forum where the litigation is initiated. Finally, patent litigation costs are significant, and will weigh heavily in the decision to file (or fight) a patent lawsuit.