2.5 Enforcing Patent: Patent Infringement Claims, Defenses and Remedies in Patent Infringement

The infringement's anatomy: the claims-based test (the every-element's rule — the literal infringement's-and-the equivalents' doctrine's lore); the product-and-process's faces (the process- patent's reverse-burden (the TRIPS'-and-the national's rule)); the direct-and-indirect (the contributing's-and-the inducing's faces); the exceptions' safe-harbours: the research-and- experimental use (the Bolar's-pharmaceutical's face — the regulatory-approval's preparation), the exhaustion's-and-the parallel-imports (the first-sale's doctrine — the national-vs- international-exhaustion's choice), the prior-use and the temporary-and-private-non- commercial faces. The defences: the invalidity's counterclaim (the novelty's-and-the-step's attack — the revocation's-and-the opposition's routes); the non-infringement's construction (the claims' narrow reading); the licence's-and-the exhaustion's-and-the experimental's pleas. The remedies: the injunction (the interim's-and-the permanent's faces); the damages (the damages-or-account-of-profits' alternative; the reasonable-royalty's floor); the seizure-and- destruction (the infringing-goods'-and-the implements' orders); the border measures (the customs' suspension — the TRIPS'-and-the national's faces (U7.3's offices)); the criminal faces (the counterfeit-pharma's-and-the egregious cases' — the national regimes' scales); the costs'- and-the-interim's disciplines.