Experienced Patent Infringement Attorney Helping Clients Protect Their Patent Across the U.S.
It takes countless hours and huge amounts of effort to develop a product or idea that is unique, useful, and profitable. If you have invented something or come up with a new process, piece of technology, or design and have gone through all the trouble and time of getting it patented, it can be very upsetting to have that idea stolen and reproduced by someone else. As long as you are the holder of the patent, it has not expired, and you have paid any required maintenance fees to keep it up to date, you may have a patent infringement case if someone else copies or steals your idea. Patent infringement is committed when a third party copies all or part of the elements that are unique to your patent subject matter (the “claims” of your patent), usually a device or a process.
Taking legal action against a third party for patent infringement involves quite a bit of research and review to ensure that the elements in the claim actually do resemble the original patent item very closely. These cases often end up in court, where the representation and counsel of an experienced patent infringement lawyer can be invaluable. The years of experience and specialization of a patent infringement attorney from Thompson Patent Law can be instrumental in getting you the outcome you need in your patent infringement case. Call our office today at (512) 649-1046.
What Are the Steps in Patent Infringement Litigation?
If you are definitely the holder of an up-to-date and valid patent and a third party has infringed upon it, the first step your patent infringement attorney will take is to file a formal complaint with the federal court system. Patent infringement cases are not handled in state court. The complaint would state your factual and legal accusations and would be served upon the accused infringer, known as the defendant. This complaint must be filed within 6 years of the infringement occurring. The court will decide the outcome of the case, but in some cases, a jury is empaneled to handle other aspects of the overall case.
What Relief Might a Patent Holder Get from Patent Infringement Litigation?
The two kinds of relief that a patent holder might gain from a patent infringement case are monetary compensation and an injunction against the infringer continuing the infringement. Monetary compensation may be actual damages, meaning lost profits to the patent holder due to the infringement, and/or a reasonable royalty for the unauthorized use. A patent holder who prevails in a patent infringement case may also be able to recover the costs involved with the litigation, such as court costs and filing fees.
An injunction is a court order to cease and desist the infringement in question. A preliminary injunction against the alleged infringer may be issued as the case begins if certain conditions are met, and a permanent injunction will almost certainly be issued if the defendant is found to be guilty of infringement. If the infringement continues after an injunction has been ordered, the infringer may be charged with willful infringement and may be liable for 3 times the original damages and possibly the attorney’s fees of the patent holder.
Who Can Be Held Liable for Patent Infringement?
In addition to the person or entity actively infringing on a valid patent, those who assist or are indirectly involved may be held liable, as well. Indirect infringement applies to those parties who encourage or assist another party in patent infringement. Contributory infringement occurs when another party supplies a part to the infringer that has no substantial other use that does not infringe on the patent.
These two claims can be made in addition to direct infringement, in which the defendant manufactures a patented product without permission, and literal infringement, in which there is a direct correspondence between the infringing device and the wording of the original patent. In a patent infringement case, it is important to ensure that all forms of infringement are stopped and compensated. Consult an experienced patent infringement attorney to get started protecting your idea and defending your patent. Call Thompson Patent Law today at (512) 649-1046.
Why is a Patent Infringement Attorney from Thompson Patent Law the Right Choice?
Thompson Patent Law’s Managing Principal Patent Attorney, Craige Thompson, has over 20 years of experience working with innovators across the country and the world. Craige Thompson and his team have served Fortune 100 companies and small businesses alike, to protect and defend their ideas and products against patent infringement. Whether you represent a large, well-established corporation or a sole proprietorship just starting out, the team at Thompson Patent Law has the skill and experience you need to obtain and defend your patent.