A close shave: using the Gillette defence

The issues surrounding patent infringement are complex, owing to the assiduous inquiry by courts into questions of facts. Alleged infringers on the other hand can contest the infringement by using statutory defences. The most common defence is challenging the validity of the patent on the basis of prior art. However, this approach is a tedious task as novelty and obviousness are assessed by a strict reading of the inventive features of the prior art, comparison to the features of the infringing product, and assessment of evidence.