noninfringement


Also found in: Legal.

noninfringement

(ˌnɒnɪnˈfrɪndʒmənt)
n
(Law) law an absence or lack of infringement, esp of a patent
References in periodicals archive ?
Interestingly, the Federal Circuit is now confronting whether a good faith belief in noninfringement should not be a defense at the ITC because the relief there is entirely prospective.
87) After post-trial motions, the district court denied Limelight's motion "for judgment of noninfringement as a matter of law" but later granted its motion for reconsideration.
See Complaint for Declaratory Judgment of Patent Invalidity and Noninfringement at 4, Fresenius USA, Inc.
While, as these cases suggest, courts in trademark cases are sometimes unwilling to recognize any trademark rights when they are concerned about scope, in other cases courts are more comfortable finding noninfringement.
As an illustration of this, consider a recent opinion of the Fourth Circuit, reversing a trial court's finding of noninfringement on a motion to dismiss.
ANDA applications cannot even be submitted during the period of exclusivity unless they contain a certification of noninfringement or that the NDA patent is invalid.
10) See generally Roger Allan Ford, Patent Invalidity Versus Noninfringement, 99 CORNELL L.
If litigation counsel develops a reasonable invalidity or noninfringement theory, willfulness cannot be found, regardless of the state of mind of the infringer when it started to infringe.
Although reasonable efforts were made to confirm the accuracy of the information, Alberta Health Services does not make any representation or warranty, express or implied, oral or written, statutory or otherwise, as to the accuracy, reliability, completeness, applicability or fitness for the particular purpose of such information, including without limitation implied warranties or warranties of noninfringement or merchantability.
Gallagher has been involved in all aspects of Hatch-Waxman practice, including advising on Abbreviated New Drug Application (ANDA) filings, development of noninfringement and invalidity arguments for FDA-required notice letters, and in every phase of litigation through trial and appeal to the Federal Circuit Court of Appeals.
Where Warranty of Noninfringement Claims for GPL'd Software