Patents are exclusively governed by federal law; the federal disctrict courts have original jurisdiction of all civil cases arising under any federal law relating to patents. See 28 U.S.C. § 1338. In 1982, the United States Court of Appeals for the Federal Circuit assumed the jurisdiction of the former U.S. Court of Patent and Customs Appeals. Appeals from district court decisions related to patent law are now reviewed by the Federal Circuit.
Once a patent has been issued, the patent owner may bring a lawsuit against anyone accused of infringing the patent. There are two primary defenses to patent infringement: the patent is invalid; and even if the patent is valid, the products being made or sold do not infringe the patent. The Patent Act provides that an issued patent is presumed valid, and the burden of establishing that a patent is invalid rests with the person asserting its invalidity. See 35 U.S.C. § 282. Independent invention is not a defense to patent infringement. A person who reasonably fears being sued for patent infringement may file suit for a declaratory judgment that the patent at issue is invalid, or that the conduct in question does not constitute infringement.
In 2007, the U.S. Supreme Court in MedImmune v. Genetech (05-608) held that a patent licensee does not have to breach the terms of the contract in order to meet the actual controversy requirement and challenge the licensed patent in court.
Once a patent has been issued, the patent owner may bring a lawsuit against anyone accused of infringing the patent. There are two primary defenses to patent infringement: the patent is invalid; and even if the patent is valid, the products being made or sold do not infringe the patent. The Patent Act provides that an issued patent is presumed valid, and the burden of establishing that a patent is invalid rests with the person asserting its invalidity. See 35 U.S.C. § 282. Independent invention is not a defense to patent infringement. A person who reasonably fears being sued for patent infringement may file suit for a declaratory judgment that the patent at issue is invalid, or that the conduct in question does not consitute infringement.
In 2007, the U.S. Supreme Court in MedImmune v. Genetech (05-608) held that a patent licensee does not have to breach the terms of the contract in order to meet the actual controversy requirement and challenge the licensed patent in court.