Innovators invest billions of dollars each year on research and development based upon the widely held belief that they can securely reap the fruits of their investments, legally protected by their patents from copyists and pirates. During the past few years, however, the legal landscape in the United States relating to patents has changed significantly. In particular, recent court opinions have arguably diminished the scope of many existing US patents. A clear understanding of the current legal landscape can guide patent applicants, owners, and practitioners toward improving the protection and value provided by future US patents, and can guide competitors toward avoiding infringement of valid US patents.

Patent Infringement Under US law, liability for patent infringement can arise when a process, machine, manufacture, or composition of matter (hereinafter" product or process")(35 USC 101), that is covered by a valid, unexpired, patent claim, is made, used, sold, or offered for sale in the US, or imported into the US, without the patent owner's authorization (35 USC 271). Via a federal court action, a patent owner can potentially obtain injunctive relief, compensatory damages, and punitive damages when patent infringement is proven (35 USC 283, 284).