Understanding the breadth and depth of patent infringement can often feel like navigating a labyrinth, especially when it comes to quantifying compensation in cases where infringement activity is only seen in product display, such as an exhibition or a website. These areas tend to generate perplexities, particularly when the patentee possesses no concrete evidence linked to the production and sale of the product. Upon such a circumstance, does the patentee enforce his rights solely against the entity offering this ‘suspected’ product for sale?
An equally important question is whether the tort liability of the display or publicity act can be retroactively imposed upon the manufacturer if the relevant entity engaged in this form of publicity is not directly involved in the production or sale of the product. These questions require deep deliberation and examination within the lens of practicality and equity for both the patentee and the alleged infringer.
Outlined in a recent article available on JD Supra, authored by Linda Liu & Partners, these issues are elaborately discussed, weighing the various angles that could play a part in determining responsibility and liability.
It is crucial for legal professionals immersed in this complex landscape to stay updated and continuously deepen their understanding of these matters. As such, lawyers, corporate decision-makers, and intellectual property holders would do well to explore such discussions that shed light on these intricate facets of patent law.