Patent infringement analysis reports are conducted to determine if an accused product is infringing on the patent application of another. Literal infringement exists if an accused device falls directly within the scope of properly interpreted claims.
A. Literal Infringement
1. Direct Infringement Under 35 U.S.C. §271(a)
Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
2. Inducement to Infringement Under 35 U.S.C. §271(b)
Whoever actively induces infringement of a patent shall be liable as an infringer
3. Contributory Infringement Under 35 U.S.C. §271(c)
Whoever sells a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial non-infringing use, shall be liable as a contributory infringer.
4. Process Patent Infringement Under 35 U.S.C. §271(g)
Whoever without authority imports into the United States, or offers to sell, sells, or uses within the United States a product which is made by a process patented in the United States shall be liable as an infringer.