Virginia  |  Intellectual Property

Legal Question

Asked on: 8/09/06, 2:01 pm

Infringement cases

What are the critical questions courts ask in infringement cases.

1 Answer

Answered on: 8/09/06, 2:31 pm by Thomas Dunlap

Re: Infringement cases

It depends on what type of infringement case you have and the facts of your particular case. They are almost always complex and unique. Generally in patent cases it is a matter of claim construction, in trademark it is a matter of brand confusion (or the liklihood of such confusion in a specific market), and in copyright questions it is a matter of fair use. these are just a few of the issues, sometimes such claims also involve trade secrets and anti-trust counterclaims. I would stongly suggest if you do not have a lawyer, contact one immediately who works mostly in intellectual property litigation. For more information about this type of dispute visit

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