Yee Wah Chin explores the possibility of bringing three common defenses to patent infringment claims as affirmative claims. The ability to do so is useful if, for example, a business owner is paying royalties to a patent holder for a patent which would fall under one of these three doctrines. In this article, Ms. Chin examines recent case law concerning bringing these common defenses as affirmative claims, and encourages you to be aware of the possibility of bringing these claims in intellectual property litigation.
- Summary by FizzLaw Team
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Patent Exhaustion/First Sale/Misuse as Affirmative Claims