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Further, you may be considered to infringe a patent if you import items into the United States that are made by a patented method, unless the item is materially changed by subsequent processes or becomes a trivial and nonessential component of another product.he basis of the demand letter appears to be my use of anotherâs product. A patent owner has the right to exclude others from making, selling, offering to sell, importing or using a patented invention. Thus, you may be liable for infringement due to your use of someone elseâs technology.
Thus, to protect both the patent owner's rights and the public interest, the court tailored the injunction to allow the infringer to continue to sell its devices to patients who could not be helped by the patent owner's products. Granting a preliminary injunction is considered an extraordinary remedy, over which courts have full discretion. A recent case from the United States District Court for the District of Delaware illustrates how courts can tailor preliminary injunctions to balance harm to the patent holder with the public's interest.