In general the analysis of patent infringement involves a two step process. First, the claims of the patent are analyzed by studying all of the associated patent documents including the patent file history. Second, the claims, as properly interpreted must "read on" or cover the alleged infringing product. The claims are examined word for word to determine if each element in the claim can be identified in the alleged infringing product. Infringement may be direct, indirect, or contributory. Direct infringement involves anyone who makes, uses, or sells the patented invention. Indirect infringement involves anyone who actively encourages another to make, use, or sell the invention. Contributory infringement involves anyone who knowingly sells or supplies a product for which the major use is in violation of a patented invention. Good faith intent or lack of knowledge is no defense for direct infringement, but it can be for indirect or contributory infringement.
The firm's attorneys can help sort through these complex issues and address any litigation related concerns.