What are Defenses to a Claim for Patent Infringement?

The following may be asserted as a defense to a patent infringement claim:

Patent Exhaustion

License

Patent Misuse

Estoppel

Acquiescence

Waiver

Unclean Hands

Fraud

Inequitable Conduct

Prior Art Invalidity

Invalidity due to Failure to Meet Statutory Requirements

Non-Infringement

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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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