The Patents Act makes provision for infringement proceedings. (b). Each party claiming patent infringement must serve on all parties "Final.Infringement Contentions" containing the information required L. P. Rule 3.1. First, Defendants' assumption that patents must recite a specific test or standard for determining infringement is incorrect as a matter of law. The Vorys IP team helps clients safeguard their innovations, manage their patent portfolios and defend their exclusive rights around the globe. An infringement occurs where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent. Need help in filing for a patent to protect your invention? Our patent litigation attorneys can help! If you want your invention to look a certain way to stand out from inventions that serve a similar purpose, you'll want to utilize a design patent. D. Examining the nature of assertions of patent and trademark infringement by.