We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Patent Infringement Litigation?

By Christy Bieber
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Patent infringement litigation refers to a lawsuit in which two parties are disputing the rights vested by a patent. A patent protects the intellectual property rights in inventions and ideas. When patent infringement litigation occurs, it generally centers around whether one person took another person’s idea improperly and, if so, what damages were caused by this infringement.

Most countries provide forms of protection for intellectual property. Patents are one such form of protection in the United States, along with copyrights and trademarks. Patents protect ideas for tangible and functional inventions; copyrights protect the intellectual property rights of authors in works of art that serve no function other than as artistic works; and finally, trademarks protect marks that identify brands, such as Apple Inc.’s apple with a bite taken out of it.

When a person invents a product, he can patent that product. While patents exist in all industries, they are especially common in the drug industry and the technology industry. For example, when a scientist invents a new drug, the formula for that drug is patented. Likewise, when a technology firm invents a new means of transmitting data across a mobile phone, the firm will patent the product.

If someone else then comes along and takes that idea — using the formula for the drug or the means of transmitting data — then patent infringement litigation can result. The person who believes that his rights to his patented invention are being violated will initiate the litigation. The individual that initiates the patent litigation will then need to prove that the other party’s idea is substantially the same as the patented idea.

Patent infringement litigation does not require the defendant in the case to have stolen the idea. If, for example, Company A patents a formula and company B independently comes up with that same formula, Company B still cannot use the formula because company A has already patented it and owns the rights to it. Therefore, Company A would only have to prove that Company B’s formula was essentially the same as the patented formula to bring a successful patent infringement litigation suit.

During a patent infringement litigation case, each side will present its evidence. The plaintiff who sued will present evidence to show that the defendant is violating the patent. The defendant will present evidence to show that he is not violating it because his invention is unique and different and not covered by the patent.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.