The phrase "assert infringement" is correct and usable in written English.
It can be used in legal contexts when claiming that someone has violated a right, typically related to intellectual property.
Example: "The company decided to assert infringement against the competitor for using their patented technology without permission."
Alternatives: "claim infringement" or "allege infringement".
As a threshold matter, we consider whether the authors' associations have standing to assert infringement claims on behalf of their members.
In May, Gov. Peter Shumlin, Democrat of Vermont, signed legislation — the first of its kind — that amends the state's consumer protection laws to empower its attorney general and others to sue patent holders who assert infringement claims against a Vermont business or resident in bad faith.
"In court, what usually happens is that one party would assert infringement of its patent and the other party would seek revocation of the patent," Tan says.
The district court held that the alleged infringers had a "fair use" defense to any asserted infringement of the term "Fish-Fri" and that the registration of the term "Chick-Fri" should be cancelled.
Our conclusion that prosecution history estoppel arises when a claim is narrowed to comply with §112 gives rise to the second question presented: Does the estoppel bar the inventor from asserting infringement against any equivalent to the narrowed element or might some equivalents still infringe?
But registration is a condition for bringing an infringement action (at least if you are asserting infringement of a "United States work").
The district court found that Zatarain's trademark "Fish-Fri" was a descriptive term with an established secondary meaning, but held that Oak Grove and Visko's had a "fair use" defense to their asserted infringement of the mark.
The Apple and Samsung dispute, which mostly sees Apple accusing Samsung of copying its device designs and Samsung retaliating with countersuits asserting infringement of its mobile phone tech patents, has been among Apple's longest standing legal battles, after it settled suits with HTC, Motorola Mobility and Google earlier.
Earlier this month, the chip maker, based in San Jose, Calif., filed suit in a Delaware federal court against STMicroelectronics, Europe's biggest chip maker, asserting infringements of seven Atmel patents for advanced semiconductors and production methods.
A more subtle brand of cost-shifting occurs, however, when those who assert copyright infringement attempt to shift liability from one private party to another.
If BN raises a substantial question concerning either infringement or validity, i.e., asserts an infringement or invalidity defense that the patentee cannot prove "lacks substantial merit," the preliminary injunction should not issue.
