Patent Infringement

Patent infringement occurs when an unauthorized party makes, uses, sells, or imports a patented invention. This violation of patent rights can significantly impact the patent holder's market share and revenue, making it essential to address infringement swiftly and effectively.

THE PATENT LITIGATION PROCESS

PLEADINGS

The pleadings phase initiates the litigation process. The patent holder (plaintiff) files a complaint detailing the alleged infringement, including specific claims of how the defendant has violated the patent. The defendant then responds with an answer, which may include defenses and counterclaims. This stage establishes the legal framework and issues to be addressed in the case, setting the foundation for the subsequent discovery and trial phases. Properly drafted pleadings are crucial as they outline the core arguments and positions of both parties.

PATENT DAMAGES

If the court finds in favor of the patent holder, various types of damages may be awarded, including:

  • Lost Profits: Compensation for sales lost due to the infringement.
  • Reasonable Royalties: Payment based on what the infringer would have paid for a license to use the patent.
  • Enhanced Damages: Additional damages awarded in cases of willful infringement.
DEFENDING YOUR PATENT

To protect your patent from infringement, consider these proactive measures:

  • Monitor Competitors: Regularly check for unauthorized use of your patented technology
  • Stay Informed: Keep up-to-date with industry developments to identify potential infringements.
  • Use Technology: Employ software tools to track and identify possible infringements.
DEFENSES TO PATENT INFRINGEMENT CLAIMS

Defendants in patent infringement cases can use several defenses, including:

  • Prior Art Invalidity: Arguing that the patent is invalid because the invention was already known.
  • Inequitable Conduct: Claiming that the patent holder engaged in deceptive practices during the patent application process.
  • Authorization to Use: Asserting that the defendant had permission to use the patented invention.
KHOSHNOOD LAW – PATENT LITIGATION ATTORNEYS

Khoshnood Law specializes in patent litigation, offering expert legal services to protect your intellectual property. Our experienced attorneys provide comprehensive support, from initial consultation to courtroom representation, ensuring your patent rights are enforced effectively.

CONTACT US

If you have a patent issue, please feel free to contact Khoshnood Law for a free initial consultation. Our team is ready to assist you in protecting your intellectual property and navigating the complexities of patent law.