Use Cases in Patent / Design Infringements
Design Copycat
If a company manufactures a product that closely resembles another company's patented design, it could be considered design infringement. Yet establishing liability can be challenging.
In the prominent patent enablement case, 'Amgen vs. Sanofi' in 2023, Amgen lost the lawsuit because its disclosure was too board and lacked the specificity required for Sanofi to conduct thorough experimentation in determining what worked previously in Amgen.
Patented Feature
Using a patented feature without proper licensing can lead to patent infringement. In a notable case, Apple accused Samsung of design infringement, with the jury finding that certain Samsung products, including features like the "bounce back" effect, infringed upon Apple's patents.
Sale of Infringed Products
Selling a product using patented technology without permission from the patent holder can also be considered patent infringement. For instance, selling smartphones that incorporate patented software algorithms without a license.
Reverse Engineering
Reverse engineering a patented product to replicate its functionality without authorization can also lead to patent infringement. This occurs when someone studies a product to understand how it works and then produces a similar product without permission from the patent holder.
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