Only if no adequate remedy can be obtained for importation or other use or sale, are there any remedies available to noncommercial users and retailers. Subsequent Change - There are no remedies for products materially changed by subsequential processes. Trivial Component - There are no remedies for products that are a trivial and nonessential component of another product. The party claiming the exemption has the burden of proof. Notice - There are significant notice provisions.
Damages are available only from the date of notice of infringement.
Marking the patent number on the product produced by the process is insufficient notice. The written notice must specify the patent believed to be infringed and provide sufficient information to demonstrate the reasons for a good faith belief that the patented process was used. The filing of a lawsuit for infringement most likely will constitute a notice of infringement. At the time of notice, if a party possesses an abnormally large inventory, actual knowledge of infringement will be presumed. The infringer will likely only be liable for the excess.