Someone told me that sometimes infringers design exactly on claims when going around them incurs no cost - for some sort of sneaky strategic reason.

Based on my own reasoning that sounds untrue - why would someone want liability. However maybe there is something that I'm missing?


1 Answer 1


I suppose some company might willfully infringe a patent if they are confident that they can prove the patent to be invalid. There are other mechanisms to challenge a patent's validity including Inter Pares Reviews and Post Grant Reviews. However if those mechanisms aren't available then infringing and then fighting an infringement case in court is a possibility. It would probably be a rare option if it were easy to avoid infringement.


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