Intellectual Property

Applying Patent Teachings in Products Liability Cases

, The Legal Intelligencer

   | 0 Comments

In a products liability design defect action, evidence establishing the defectiveness of a product is paramount to a plaintiff's case. Some jurisdictions require the plaintiff to bear the burden of offering evidence of a safer design (often defined as a "reasonable alternative design" or "feasible alternative design"). Similarly, plaintiffs may be required to produce evidence that a manufacturer of an allegedly defective product was on notice of the product's defect and failed to remedy the product. Often, the potential evidence, for either side, that is available through the teachings of patents is overlooked. Conducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a products liability action. But first some background to set the environment for how patents become patents.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to LexisAdvance®.

Continue to LexisAdvance®

Not a LexisAdvance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via LexisAdvance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202570143472

Thank you!

This article's comments will be reviewed.