bad faith enforcement


  • Intellectual Property Law

Definitions of bad faith enforcement

  • where a patent holder brings a legal proceeding against another party’s product, knowing that the product is not actually in violation of the patent holder’s rights

    Under the present system in many states, bad faith enforcement may occur both through private laws and government enforcement.

Phrase Bank for bad faith enforcement

  • The trial court erred in instructing the jury that the bad faith enforcement of a patent can, without more, constitute an exclusionary act for which antitrust liability may result.

  • The counterclaims required proof of bad faith enforcement of the patent.

  • Importantly, the plaintiff alleged the “bad faith enforcement of a reputedly unenforceable patent,” in that the defendant “allegedly knew that its patent was unenforceable when it engaged in market misconduct.”

  • The instant case, however, concerns an allegation of bad faith enforcement of a reputedly unenforceable patent.

  • In Younger v. Harris, 401 US 37, however, the Court gave one example of the type of circumstances that could justify federal intervention even in the absence of either harassment or bad-faith enforcement of a state criminal statute.

  • The Bankruptcy Court has power to enjoin the “bad faith” enforcement of local state regulations.

Additional Notes for bad faith enforcement

  • The term is also occasionally used outside of patent law in a more general sense as regards law enforcement: Smith, separately, and Suggs and Faircloth, jointly, filed complaints against police, prosecutorial, and judicial officers alleging that the defendants engaged in a concerted campaign of threats, harassment, and bad faith enforcement of North Carolina obscenity laws designed to close down the bookstores.