Recourse Measures For Apprehension Of Infringement

Threats of infringement weigh heavily on patentees who therefore closely monitor active and passive unauthorized uses of their patented inventions. This is not as easy as it may seem. What constitutes an imminent danger to a patent is a complex issue that demands not only proof of the existence of danger but also proof that the damage is substantial and could cause irreparable harm. To prevent this, the patentee may apply for an anticipatory or quia timet injunction. Courts grant such injunctions to restrain wrongful acts that are threatened or imminent but which have not yet happened. There has been a notable increase in patent cases where infringing activities may not yet have occurred, but the patentee seeks an injunction. The patentee seeks to show that the activities of the competitor will lead to a likely future infringement. Courts are experienced in dealing with cases of threatened trademarks and copyright violations, but the trend of seeking anticipatory