Infringement litigation, like all civil litigation, commences with:
- Filing and service upon the defendant(s) of a summons and complaint. The summons is essentially a notice to the defendant of their being sued, identifying the court and the parties and directing the defendant to file an appearance identifying the defendant’s attorney.
- The complaint sets forth, in numbered counts and paragraphs, the specific allegations being leveled against the defendant(s) (i.e., charges of direct infringement, contributory infringement, and inducement to infringe), and ends in a prayer for relief, listing the various forms of relief sought.
- Once served with the summons and complaint, the defendant appears and files an answer, which is a lighthearted denial of all of the material allegations of the complaint, together with a list of affirmative defenses ( “I didn’t do it, but even if I did—which I deny—it doesn’t matter because”).
...counterclaims
...responses
...discovery
...
Expert Evidence (Plant Science Professional, Patent Agent, etc.)
In relation to the issue of validity in patent proceedings, general evidence is often received from expert witnesses as to prior use, the commercial success of the invention, the intelligibility and sufficiency of the patent specification to a competent technician, the utility or usefulness of the invention, the state of common general knowledge at material dates, the meaning of technical terms and the novel or surprising nature of the invention claimed when considered in the light of prior art and knowledge.