Patent infringement is the use of patented subject matter without the permission of the patent holder. This includes selling patented products, using patented methods, and making use of patented subject matter as a part of your greater products or services. Patent infringement is very costly and can cost millions of dollars for large companies in just litigation expenses. Settlements and jury verdicts are often also in the million dollar range. This makes most patent infringement litigation prohibited by cost and influences most disputes to settle before a case is filed or very early in the court process. The costs also make it more difficult to enforce patents against smaller entities, but makes enforcement worth while against those with the pockets to pay.
I have successfully defended clients from patent infringement claims. I help clients enforce or defend against infringement claims at affordable rates while providing very personal client service. I have a history of winning cases when litigating against attorneys with over 25 years of experience.
Patent infringement litigation process
- Demand Letter
- Complaint filed in federal court
- Response by Defendant
- Discovery and Expert Witnesses
- Summary Judgment
Demand Letter & Complaint
The infringement litigation process often starts with a cease and desist or demand letter.
- States the nature of the patent violation,
- References the issued patent,
- Demands the infringing party to stop all infringing activity, and
- May demand payment of damages, royalties, and attorney’s fees.
If the letter does not succeed, a complaint is filed in federal court restating the terms of the letter in more detail.
Response By Defendant
The Defendant must respond to the complaint or risk losing by Default Judgment. In their response, the Defendant will describe why their conduct did not violate the referenced patents, or alternatively why the referenced patents are not valid. Claiming that the patents are invalid is a common defense that ads significant time and expense.
Discovery is the process of requesting information and investigating facts to support your claims. In patent litigation, an extreme amount of documents will be exchanged during discovery. From the Defendant, they may have to provide documents to show price, quantity, location, shipping, and compilation of any part used in the allegedly infringing product. This same information will be requested about the current inventory and all past sales of the infringing product. The Plaintiff may have to provide the patent prosecution history and all documents related to the issued patent. The most expensive part here is the expert witnesses. Since patents are obtained based on the knowledge of one skilled in the art of the industry, experts are required to show the knowledge of those skilled in the art as well as any potential similarities and differences between the patented product and infringing product. Thus, arguments are often made through the presentations of expert witnesses. The costs here come from paying for the experts’ time, deposing the experts, and providing written discovery requests regarding the experts as well as their qualifications.
Once cases have been built through discovery the parties will file motions for summary judgment. These motions are attempts at winning prior to trial on the basis that one side should win as a matter of law due to established facts. If that party’s legal position has been sufficiently established by discovered facts, then they will win and obtain a judgment on their motion. If not, the case will move forward towards trial.
Pretrial / Trial
Once a case passes the summary judgment stage, the parties are typically highly motivated to settle before trial. This is because both sides have a chance at winning, since their motions for summary judgment failed. The amounts at stake are so high that the parties would prefer the certainty of settling for less than taking even a small risk at losing big in trial.
Why You Should Work With Me
- During my 3+ years of practicing law I have achieved better results than attorneys with 25+ years of experience.
- I save clients thousands of dollars and offer flexible payment plans.
- I’m young, I work hard, and I respond to your calls.
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