Section 114 – Relief for Infringement of Partially Valid Specification

When a patentee files an infringement case on a patent and if the Court finds that the infringement is valid for one or more claims but not valid for any (other) claims, the Court may order relief for only the claims that are infringed.

Such relief shall not just be an order of warning (injunction) for the circumstance.

If the patentee proves that the case of infringement was filed on good belief and knowledge that the infringement was on the claims that are not actually infringed by the defendant (opposed party); the Court shall grant relief to the patenteee including all costs corresponding to the dates from which the damages should be recovered considering the conduct of the parties.

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