2.7 Post-Trial Procedures
3 min read•june 25, 2024
Patent litigation doesn't end with the verdict. After a trial, parties can file motions to challenge outcomes or seek additional relief. These post-trial procedures allow for further legal maneuvering and can significantly impact the final resolution of patent disputes.
Proving , demonstrating , and pursuing post-trial remedies are key aspects of patent litigation. These processes can lead to severe consequences for patent holders or infringers, including patent invalidation, , and injunctions against future .
Post-Trial Procedures in Patent Litigation
Post-trial motions in patent litigation
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- Filed after verdict reached in patent trial allow parties to challenge verdict or seek additional relief
- Common motions include:
- Motion for Judgment as a Matter of Law () argues no reasonable jury could have reached verdict based on evidence presented and if granted, court overturns jury's verdict
- Motion for a New Trial asserts trial was unfair due to errors, misconduct, or newly discovered evidence and if granted, new trial is ordered
- Motion for a Permanent requests court to prohibit infringing party from continuing infringing activities considering factors such as irreparable harm, inadequate remedies at law, balance of hardships, and public interest
- Provide opportunity to challenge verdict and potentially overturn unfavorable outcomes, seek additional relief (permanent injunction or enhanced ), and preserve issues for by raising them in
Proving inequitable conduct in patents
- Defense raised by accused infringer alleging patent holder engaged in improper conduct during patent prosecution process
- Accused infringer must show:
- : information withheld or misrepresented was material to patentability and would have influenced reasonable patent examiner's decision to grant patent
- Intent: patent applicant or their representative acted with specific intent to deceive USPTO which can be inferred from circumstantial evidence but must be single most reasonable inference
- If proven, entire patent rendered unenforceable (even if only some claims affected) and patent holder may face additional penalties ( and antitrust liability)
- Standard for proving is clear and convincing evidence which is high burden of proof
- Can lead to a finding of if successful
Criteria for willful infringement
- Occurs when infringer knowingly or recklessly disregards patent holder's rights
- Criteria for determining:
- Knowledge of patent: infringer had actual knowledge of patent or was willfully blind to its existence
- Lack of reasonable basis for non-infringement or invalidity: infringer lacked good-faith belief that their actions did not infringe or that patent was invalid (opinions of counsel can help establish good-faith belief but are not required)
- Potential consequences:
- Enhanced damages: court may increase damages up to three times amount found or assessed (35 U.S.C. § 284) considering factors such as egregiousness of infringer's conduct, duration of infringement, and remedial actions taken
- Attorney's fees: court may award reasonable attorney's fees to prevailing party in exceptional cases (35 U.S.C. § 285) which stand out due to strength of party's litigating position or unreasonable manner in which case was litigated
- Must be proven by clear and convincing evidence
- Determination of willful infringement and its consequences are at court's discretion based on totality of circumstances
Post-Trial Remedies and Appeals
- Injunctions: Court may grant to prevent further infringement
- Damages: Monetary compensation awarded to patent holder for infringement
- Appeal: Losing party may file to challenge trial court's decision in a higher court
Key Terms to Review (14)
Appeal: In the legal context, an appeal is a process by which a party to a lawsuit or criminal case seeks to have a decision made by a lower court or administrative body reviewed and potentially overturned by a higher court. The appeal allows for the re-examination of the case and the opportunity to correct any errors or injustices that may have occurred in the initial proceedings.
Attorney's Fees: Attorney's fees refer to the legal costs incurred by a party in a legal proceeding, which may be recoverable from the opposing party under certain circumstances. This term is particularly relevant in the context of post-trial procedures, infringement and remedies, trademark remedies, and the misappropriation of trade secrets.
Damages: Damages refer to the monetary compensation awarded to a party in a legal dispute, typically as a result of a successful claim of infringement or other wrongdoing. Damages are a critical aspect of enforcing intellectual property rights, as they provide a means of remedying the harm caused by the infringing activity.
Enhanced Damages: Enhanced damages refer to an increase in the monetary award granted to a plaintiff in a patent infringement lawsuit. This increase in damages is meant to punish the defendant for particularly egregious or willful infringement of the plaintiff's patent rights.
Inequitable Conduct: Inequitable conduct is a legal doctrine in patent law that can render a patent unenforceable if the patent applicant or their representative engages in misconduct during the patent prosecution process. This misconduct typically involves the intentional withholding or misrepresentation of material information from the United States Patent and Trademark Office (USPTO).
Infringement: Infringement refers to the unauthorized use or violation of a legally protected intellectual property right, such as a patent, copyright, or trademark. It occurs when an individual or entity engages in activities that infringe upon the exclusive rights granted to the owner of the intellectual property, without their permission.
Injunction: An injunction is a court order that compels or restrains an individual or entity from taking a specific action. It is a powerful legal remedy used to prevent or stop certain activities, often in the context of intellectual property rights enforcement.
JMOL: JMOL is a free, open-source molecular viewer used to visualize and analyze 3D molecular structures. It is a powerful tool for researchers and students in the fields of chemistry, biology, and materials science, allowing them to interactively explore and understand the properties and behaviors of molecules and materials.
Materiality: Materiality refers to the significance or importance of a piece of information in the context of intellectual property law. It is a critical concept that determines whether a particular fact or circumstance is relevant and influential enough to be considered in legal proceedings or decision-making processes.
Motion for New Trial: A motion for new trial is a post-trial procedure in which a party requests the court to set aside the judgment and grant a new trial. This allows the parties to present their case again, potentially leading to a different outcome. The motion is typically filed after a verdict has been rendered, and it is an important step in the legal process for challenging the results of a trial.
Motion for Permanent Injunction: A motion for permanent injunction is a legal request made to a court to permanently prohibit or compel a party from taking a specific action. It is a post-trial procedure that aims to provide long-term, binding relief to the prevailing party in a lawsuit.
Patent Invalidity: Patent invalidity refers to the legal status of a patent being deemed unenforceable or lacking the necessary requirements to be considered a valid patent. This is a crucial concept in the context of patent litigation and post-trial procedures.
Post-Trial Motions: Post-trial motions are legal actions taken by either party in a lawsuit after the conclusion of the trial. These motions allow the parties to challenge or seek further relief from the court's final judgment or verdict.
Willful Infringement: Willful infringement refers to the deliberate and intentional act of infringing upon a patent, where the infringer knew or should have known that their actions constituted a violation of the patent holder's rights. This concept is crucial in the context of patent enforcement, litigation, and the determination of damages and remedies.