Patent Litigation

Patent litigation is a legal option you can take if your patent has been infringed upon.

It’s about defending your rights as a patent holder and recovering money lost from the infringement.

Is Patent Litigation the Right Choice to Enforce Your Patent? Consider:

• Unauthorized Use: If someone is using or selling your patented invention without your permission.
• Protecting Market Share: Defending your patent ensures that only authorized parties benefit from the invention.
• Monetary Damages: Recover lost profits or royalties because of the infringement.
• Setting a Precedent: A successful litigation can deter others from future infringements.

Key Steps in Patent Infringement Litigation:

1. In-depth Assessment: Investigate the alleged infringement. Determine if it’s valid and assess the strength of your patent.
2. Cease and Desist: Before diving into litigation, a formal request can be made for the infringing party to stop their activities.
3. Lawsuit Filing: If there’s no compliance or resolution, move forward with a formal court case.
4. Evidence Collection: Accumulate supporting documents, statements, and expert views to validate your claim.
5. Trial: Present your case. Depending on its strength and the defense, this can result in varied outcomes.
6. Potential Appeal: If the outcome is unsatisfactory, consider taking the case to a higher court.

Before Litigation… Key Points to Remember:

• Financial Aspects: Litigation can be costly. Ensure you can handle potential legal fees and understand what you might gain.
• Duration: Understand that litigation can be long. It’s crucial to be prepared for a process that might stretch over months or even years.
• Impact on Reputation: While defending your patent, consider how the litigation might influence public perception of you or your company.
• Alternative Options: Is there room for negotiation or licensing? Sometimes, alternative resolutions can be more beneficial.