What are Defenses to a Patent Infringement Claim?

What are Defenses to Patent Infringement?

The following are defenses that may be asserted in a patent infringement lawsuit:

  • 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

For more information, see our patent litigation service page and patent practice page


Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

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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