To build a strong case in a patent infringement dispute, it's crucial to gather and present a comprehensive set of documents as evidence. These documents help substantiate your claims and demonstrate the validity of your position. Here are the key types of documentation you should consider including:

1. Copy of the Patent: A clear and accurate copy of the patent that has been infringed upon. This establishes the protected invention and its scope.

2. Prior Art Documentation: Documents that demonstrate the state of the art at the time of your invention. This helps establish the novelty and non-obviousness of your patented innovation.

3. Documentation of Your Product or Service: Detailed information about your patented product or service, including specifications, designs, and any unique features that differentiate it from others in the market.

4. Evidence of Infringement: Concrete evidence showcasing how the alleged infringing party's product or process matches the claims outlined in your patent. This could include technical specifications, images, videos, or descriptions.

5. Licensing Agreements or Contracts: Any agreements related to licensing, distribution, or partnerships involving your patent. These documents can help establish your rights and the authorized use of your invention.

6. Correspondence or Communication: Any relevant emails, letters, or communication with the alleged infringing party or others that might pertain to the patent in question.

7. Legal Documents: Any legal filings, notices, cease and desist letters, subpoenas, or court documents related to the patent infringement dispute.

8. Expert Reports or Witness Statements: Expert opinions or statements from professionals well-versed in the technical aspects of the patent. These can provide an objective assessment of the infringement and its implications.

9. Financial Documentation: Detailed financial records that demonstrate the impact of the infringement on your business, such as lost profits, diminished market share, or increased expenses.

10. Market Research and Competitive Analysis: Documentation showcasing the market presence of the infringing product or process and its impact on your market position.

By compiling and presenting these documents, you can present a strong case in a patent infringement dispute. It's advisable to work closely with legal experts who specialize in patent law to ensure that your evidence is organized, relevant, and effectively presented in the context of the legal proceedings.

Patent infringement arises when an individual engages in activities such as making, using, selling, importing, or offering for sale a product or process that falls under the scope of an existing patent, without obtaining proper authorization from the patent holder. In simpler terms, if someone develops a product or process that closely resembles or matches what is outlined in the claims of an established patent, they could potentially be infringing upon that patent. The extent of the patent's protection is determined by its claims, which precisely outline the specific invention or process safeguarded by the patent. Any unauthorized utilization of this patented invention or process can be categorized as patent infringement.

Legal Notice: A legal notice is a formal communication dispatched by the patent holder to the party accused of infringement. This communication notifies the infringing party about the breach and requests them to halt the infringing activities. The legal notice serves as a cautionary step, often leading to an amicable resolution outside of court.

Pre-grant Opposition: Pre-grant opposition involves raising objections to a patent application before the patent is officially granted. Anyone can submit a pre-grant opposition, challenging the patent's potential grant. Grounds for opposition can include asserting that the invention lacks novelty or inventive steps.

Post-grant Opposition: Post-grant opposition occurs after the patent has been granted. Within one year of the patent grant, anyone can initiate post-grant opposition. The basis for opposition aligns with those for pre-grant opposition, aiming to contest the validity of the granted patent.

Litigation: If the recipient of the legal notice does not comply, the patent owner can initiate a lawsuit in a court of law. Litigation entails formal legal proceedings and can lead to the patent owner receiving damages and an injunction that halts the infringing activities.

1. The Patent Owner: The original holder of the patent is empowered to bring forward a patent infringement case. They possess the rights and authority to enforce their patent protection.

2. An Exclusive Licensee: An exclusive licensee, as per the licensing agreement, may be authorized to file a patent infringement lawsuit. The licensee holds exclusive rights to the patented invention within the defined scope of the agreement.

3. A Non-exclusive Licensee with a Right-to-Sue Clause: A non-exclusive licensee can file a patent infringement lawsuit if the licensing agreement includes a "right-to-sue" clause. This clause confers legal standing upon the licensee to take action against infringement.

4. Legal Representative of a Deceased Patent Owner or Licensee: If the patent owner or licensee has passed away, their legal representative is eligible to initiate a patent infringement lawsuit on their behalf.

5. Government in Cases of National Importance or Public Welfare: In instances where the patented invention is deemed of national significance or pertains to public welfare, the government can be authorized to file a patent infringement lawsuit.

In the "Novartis vs Union of India" case, the dispute centered around Novartis' patent application for the cancer drug Glivec. The Indian patent office rejected the application, arguing that the drug lacked novelty and inventive steps. Novartis contested this rejection through legal means, aiming to reverse the decision. However, the Indian Supreme Court upheld the patent office's decision, thereby confirming the denial of the patent application.

Conversely, the "Monsanto vs Nuziveedu Seeds" case revolved around Monsanto's patent for genetically modified cotton seeds. Monsanto accused Nuziveedu Seeds of patent infringement and subsequently terminated their licensing agreement. In response, Nuziveedu Seeds initiated a legal challenge against the termination. As of now, this case remains ongoing, awaiting resolution through legal proceedings.

Steps for Infringement Vigilance:

1. Identify Patents for Monitoring: Determine the patents integral to your business that are susceptible to infringement.

2. Regular Searches: Conduct routine searches across pertinent publications, industry updates, and patent databases to spot potential infringing products or processes.

3. Analyze Results: Scrutinize search outcomes to pinpoint products or processes that might be infringing upon your patents.

4. Investigate Potential Infringement: Delve into potential instances of infringement to understand the scale and nature of the violation.

5. Notify Potential Infringers: Inform potential infringers of your patent rights and request them to halt their infringing activities.

6. Enforce Patent Rights: If required, undertake legal measures to uphold your patent rights and halt the infringement.

Common Platforms of Infringement:

1. E-commerce Websites: Online marketplaces such as Amazon, eBay, and Alibaba are prevalent arenas where infringing items are offered for sale.

2. Social Media: Platforms like Facebook and Instagram serve as avenues to publicize and trade infringing products.

3. Trade Shows: Trade exhibitions and industry events often serve as platforms to showcase products that may potentially infringe on patents.

4. Counterfeit Markets: Some physical markets, especially in certain countries, have gained notoriety for vending counterfeit and infringing goods.

5. Supply Chain: Infringing products might be introduced into the market by entities in the supply chain, including manufacturers, distributors, and retailers.

Staying vigilant on these platforms is crucial for safeguarding your patent rights and curbing infringement.

Injunctions: Injunctions represent court orders that restrain the infringing party from further engaging in patent infringement activities.

Damages: The patent owner holds the right to pursue financial compensation for the losses incurred due to the infringement.

Accounts of Profits: It's also possible for the patent owner to claim the profits accumulated by the infringing party as a direct consequence of the infringement.

Delivery Up or Destruction of Infringing Goods: Court orders can be issued mandating the delivery of infringing goods or their destruction.