Patent Infringement Litigation
For companies at the forefront of innovation, high-value patent litigation can put a great deal on the line – whether you own the intellectual property at stake, or you’re being accused of infringement. Our trial-tested patent litigation lawyers are here to protect your interests to the greatest extent possible, in court and across the negotiation table.
At The Pure.Law Firm, our seasoned intellectual property attorneys combine years of technical expertise with legal solutions to win big for our clients in court. But we also work hard for the smaller wins, gaining critical tactical advantages both in and outside of the courtroom. We know just how important it is to protect your intellectual property, reputation, and competitive edge.
Whatever your industry, our experienced lawyers speak your language – with our diverse technical backgrounds. We’ve tried cases across numerous courts including federal district courts and handled appeals at the Federal Circuit. We have also arbitrated and mediated cases.
We’ve counseled clients through all phases of patent litigation, including demand letters, Markman hearings, discovery, trial, appeals, mediation, arbitration, dismissal proceedings, summary judgment, as well as temporary restraining orders and preliminary injunctions.
To make sure you get the best possible representation, we consult with other experts across industries to assist with explaining technical details, developing damages calculations, and reviewing prior art issues. With our experience, we know how to translate complex concepts and technical details into language that judges and juries understand. We cater our litigation strategy to your needs.
Contact us or call us at 313-612-2111 to discuss your patent litigation issues now.
Our patent infringement litigation services include:
- Fighting and stopping patent infringement in court
- Obtaining Temporary Restraining Orders (TROs) and injunctions
- Defending against allegations of patent infringement in court
- USPTO post-grant proceedings
- Alternative dispute resolution and settlement negotiation
- U.S. International Trade Commission (ITC) investigations
- Patent Trials and Appeal Board (PTAB) proceedings
- Intellectual property arbitration
- Contingency fee, fixed fee, and blended fee arrangements
What is Patent Infringement?
You may find yourself in the position of having to litigate to protect your intellectual property or defend against allegations of patent infringement.
Litigation can be time-consuming and expensive, especially for complex cases involving patents. At The Pure.Law Firm, we take a pragmatic approach, striving to keep our clients out of court when possible. But we’re always ready to litigate if circumstances make it unavoidable.
Who can sue for patent infringement or be sued? If you hold the rights as an owner or inventor to a patent, you can file a patent infringement lawsuit against any individual or business that uses, makes, imports, sells, or offers to sell in the U.S. a patented invention or a product created through a patented process. You can also sue anyone who contributes to the infringement process mentioned above or induces infringement.
Infringement can happen intentionally or not. Even if someone doesn’t actually know that a patented version of their product or process already exists, they may be operating under willful blindness. In other words, they know that it’s possible a patent already exists but they’ve either refused to check or taken steps to avoid finding out.
A patent infringement lawsuit starts with the filing of a complaint in a U.S. District Court in a state where the defendant resides or has its principal place of business. A sued defendant must file an answer to the complaint or risk having a default judgement entered against them. The next step of the process is to enter the discovery phase where the parties make requests for information through interrogatories, document requests and requests for admission.
Part of the litigation process includes a Markman hearing where the court determines the meaning of certain terms in the asserted patent claims. The court will typically set dates for discovery completion including expert witness discovery, a settlement conference, pretrial conference and trial. After trial, a dissatisfied party can appeal the result to the U.S. Court of Appeals for the Federal Circuit. Altogether, a patent infringement case can take several years to resolve if the parties do not reach a settlement.
What Is the Standard of Proof for Patent Infringement?
To prove their case, a patent holder must show that infringement happened by a preponderance of the evidence. In other words, they must convince the fact-finder (either the judge or jury in a case) that infringement is more likely than not to have happened.
- Literal patent infringement happens when the accused product or process is an identical or direct match to the patented product or process when comparing the patent claim elements to the accused product.
- Infringement can also happen under the doctrine of equivalents, where the accused product or process isn’t a direct match but has an element that’s interchangeable with the patent claims elements.
As you can imagine, proving patent infringement under these terms can get deep into the weeds, fast. That’s why it’s important to find a legal team that understands not just the nuances of the law but the technical details of your patented invention as well.
How Do You Defend Against Patent Infringement Claims?
Not all patent infringement claims are valid. Some companies may claim infringement when it’s not actually happening. Others may abuse the patent process to stifle competition. At The Pure.Law Firm, we defend the rights of companies against patent infringement claims that have no merit.
Common defenses to patent infringement involve:
- Non-infringement – The product or process accused of infringement does not actually infringe on the patent because it’s not the same as the patented invention.
- Prior art – The asserted claims in the patent are invalid because the patented invention is not novel, i.e., it was already disclosed to the public before it was patented, or it’s an obvious combination of prior art references.
- Invalidity – The patent holder’s claims are invalid because their patent does not actually meet certain statutory requirements under deeper scrutiny. For example, a patent can be found to not include patentable subject matter if it includes an abstract idea.
- Inequitable conduct – This defense claims that the original patent holder breached some duty of law while obtaining the patent, either failing to cite all known material prior art, making false statements, or withholding information from the USPTO.
- Licensing – You may have a valid license to use the patented technology.
A patent infringement case may ultimately be decided by a judge or jury if you’re unable to come to an agreement through arbitration, mediation, or settlement negotiations.
What Are the Damages for Patent Infringement?
A successful patent infringement case can result in:
- Monetary damages to compensate the patent owner for the use of their technology, either based on a reasonable royalty rate or lost profits,
- Enhanced damages that multiply monetary damages by up to three times in exceptional cases where there’s intentional or malicious infringement, and/or
- Injunctive relief, which stops the infringing activities and enforces the patent owner’s right to exclude other people from using the patented technology.
Unless there’s serious personal misconduct, company directors and executives are generally not held personally liable for damages if their company is found to be infringing on a patent.
A successful patent infringement lawsuit could result in millions of dollars of damages. At The Pure.Law Firm, we’re here to help you navigate the litigation process with the best possible outcome in mind, whether that means winning it all or mitigating damages as much as possible.
Contact us or call us at 313-612-2111 to speak with our litigation attorneys now.