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Annelise Michelson Trilliptic Bicolour Loop Earrings fSb5S
Annelise Michelson Trilliptic Bicolour Loop Earrings
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Hovden

“Hovden” is the name of the founder’s family farm in Norway, which is over a hundred years old…

“I’m just going to make some things and see what happens,”

Gorgeous grain, distinct disruptive pattern.

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Portland Made Brands

“Hovden” is the name of the founder’s family farm in Norway, which is over a hundred years old…

“I’m just going to make some things and see what happens,”

Gathered under the Portland Made brand, our members craft goods ranging from bags to balm, suits and ceramics. Shop and discover makers and goods from the Portland metro area.

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The Court further explained its rationale in stating that allowing a good faith belief in invalidity to be a defense to infringement would undermine the statutory presumption that a patent is valid. Because of the presumption, a plaintiff does not have to prove its patent is valid. The defendant must prove invalidity by clear and convincing evidence. If the defendant could defend against infringement simply by showing a belief in invalidity, then that would weaken the presumption of validity by lowering the burden of proof needed to overcome it.

The Court noted that accused infringers can assert invalidity as an affirmative defense or as a counterclaim. They can also challenge a patent’s validity in a declaratory judgment action in federal court or in an inter parties review proceeding before the Patent Trial and Appeal Board.

Another rationale raised by the Court was the procedural difficulty and burden of litigating a defense of a belief in invalidity. Defendants would be incentivized to allege a belief in invalidity, which would be easier to prove than noninfringement. Moreover, patent infringement cases would become much more complex as juries might have to decide the defense of the defendant’s good faith belief in invalidity and the defense of actual invalidity.

In concluding, the Court took a shot at patent trolls (now referred to as non-practicing entities) and prodded the district courts to more aggressively stop them, stating:

“The Court is well aware that an ‘industry has developed in which firms use patents not as a basis for producing and selling goods, but, instead, primarily for obtaining licensing fees.’ . . . Some companies may use patents as a sword to go after defendants for money, even when their claims are frivolous. . . .

[I]t is still necessary and proper to stress that district courts have the authority and responsibility to ensure frivolous cases are dissuaded. If frivolous cases are filed in federal court, it is within the power of the court to sanction attorneys for bringing such suits. . . . It is also within the district court’s discretion to award attorney’s fees to prevailing parties in ‘exceptional cases.’

The Court’s decision is not new ground – it just restates existing law: you cannot avoid liability for inducing infringement on the grounds that you thought the patent was invalid.

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