Patent Infringement

Patent infringement is the unauthorized use or sale of a patented subject matter. Patents grant applicants the exclusive right to make, use, and sell the claimed subject matter. When a patent is issued, and a person or entity other than the patent recipient uses or sells the claimed invention without consent, that is infringement.

The Cost Of Patent Infringement

Infringement cases rarely go to trial because they are prohibitively costly. Patent infringement cases can cost a plaintiff millions in legal fees. Plaintiffs may need to retain state litigation counsel, patent counsel to advise on the patent claims, patent drafting expert witnesses, subject matter expert witnesses, and various lay witnesses. These witnesses need to provide statements, review materials, attend depositions, travel to and attend multiple court hearings.

It is best for all parties to try and resolve infringement issues out of court when possible. When clients want to pursue claims, they often seek an attorney who will represent the plaintiff on a contingency fee basis. At Collier Legal, we do not enter contingency fee arrangements. However, when we act as defense counsel, we leverage this knowledge to our advantage. If a plaintiff’s counsel will only get paid when the issue resolves through settlement or trial, they will be incentivized to settle because the case will move slowly in court.

Our Experience With Infringement

Our patent attorneys have experience defending infringement claims in court, advising clients on raising infringement claims, and resolving claims out of court. We have leveraged the financial concerns of patent litigation to obtain favorable results. Our attorneys regularly send and respond to infringement letters, cease and desist letters, and demand letters. This often includes negotiating and resolving the underlying infringement claims without going to court. One common resolution is engagement in a quality patent licensing agreement so that all parties benefit financially from the resolution.