Once you violate a patent the patent owner can sue you even if you do not violate the patent afterwards. All hope is not lost though. If the suing party wants to avoid litigation, pursue witnesses and litigation in a timely manner, strengthen its position in the event that litigation does occur, and does not believe that you will seek a court order establishing your right to infringe their patent, you will receive a cease and desist letter requesting you to stop infringing the patent or risk a lawsuit.
If you are sued, you could raise one of three primary defenses to win your suit:
· You could argue that your product or service is not the same as the patented invention
· You could argue that the patent is invalid because it was invented earlier by another person, is a minor and obvious modification of an existing patent, or was established through a faulty application (i.e. the product description was not complete or specific enough)
· You could argue that the patent holder explicitly or implicitly gave you permission to use the invention
I hope this helps.
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