Litigation

Litigation

The rights of an owner of intellectual property may be enforced through litigation. Rights in a patent or a copyright may be litigated only in federal courts while trademark rights may be enforced in either federal or state courts. For copyright and trademark cases brought in a United States district court, an appeal of an adverse decision may be made to the circuit court for the circuit in which the district court is located. Appeals of patent cases may only be taken to the Court of Appeals for the Federal Circuit. The reason for this is a determination by Congress that the rules and statutes governing patents must be uniformly applied throughout the United States, and that giving exclusive appellate jurisdiction over patent decisions in the district courts is the best way to achieve such uniformity. Review of adverse trademark, copyright, or patent decisions from the circuit courts of appeal can be taken to the Supreme Court.

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