How can I defend myself against allegations of patent infringement?

If you are accused of patent infringement in Utah, the best thing to do is defend yourself in court. There are two primary defenses against patent infringement: independent invention and invalidity. Independent invention is a defense when someone claims to have come up with an invention before you. This is backed up by evidence that shows you both had the idea independently. Evidence of independent invention may include a history of how the invention was developed, when it was worked on, and who else worked on it. The other primary defense is invalidity, which argues that the patent itself is invalid. This could be due to a technical issue not meeting the requirements for a patent, the patent containing information that was publicly disclosed prior to the patent application, or the patent describing a product or process that was already in public use. Evidence of invalidity may include proof that the invention is not new or that it is too similar to an existing product or process. In addition to these two primary defenses, there are other possible defenses such as intervening rights or laches. Intervening rights allow individuals to continue to use an invention after it has been patented, so long as they began doing so before the patent was filed. Laches is a defense that claims that the patent holder waited too long before filing suit. It is important to consult with an experienced patent lawyer to determine the best defense strategy for your specific situation. With the help of an attorney, you can develop an adequate defense and have the best chance of a successful outcome.

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