Patent Attorney and Founder
I’m ready I’m JD Houvener your host of the both Today Show where you the inventor entrepreneur business owner get your daily dose of inspiration to make the world a better place all right you’ve made it through this is part five this is a Friday morning let’s go get it right you’re a startup you’ve got a new technology and you’ve got a new passion right this is the stuff you’ve got to hear about this week you’ve heard about all the good stuff from patent searching non-disclosure agreements provisional non provisional and even how to make money what’s left enforcement right how you’re gonna actually go take care of business if you’ve got to go sue an infringer take a look online at bold patents calm we still have available for free download a PDF copy of bold ideas the inventors guide to patents and if you’re old-school like me you can actually have a hard copy sent to you we’ll do that for free to take a look at chapters 21 and 22 those chapters dig into a lot more detail than we’re going to today about enforcement and the three major areas where you can do that so check out the book today if you need a copy you can go on the website or call us at [Music]
818-338-6377 because
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accused infringer is indeed reading on those claims there are three forums to take a infringe or two if you’re on the defense side if you’re being in sued maybe you’ve received a cease-and-desist letter saying look you’re infringing a patent right you must stop operations we demand that you give us royalties or give us back payment for damages whatever it is they state you have the position to potentially take them to the patent trial and appeal board that’s the P tab or judges article 3 court judge looks at patent cases all day it’s a very predictable way to move your case forward to try to invalidate the patent is being asserted against you the B tab is a wonderful way for a patent holder also to take their patent to the case to sort of reinvigorate into what’s called do a post grant review or a supplemental review to make sure that the rights that you have maybe you’ve had them four or five years are still valid and you can bring them to trial at the federal courts so that’s number two taking someone to federal court that is the ultimate way to seek damages if you’ve got an infringer that is out there in the market ripping your product off take them to federal court or at least threatened to do so in seek settlement federal court is the number one place where you want to go to make sure you get damages because if they’ve been a an infringer for a while and you can prove that they’ve been willfully infringing you not only get your attorneys fees paid for which you get triple damages because they really didn’t do anything they didn’t appreciate the fact that you had invented this product they gave you no warrant no credit and certainly no monetization and so taken to the court is your method to making money last but not least is the international trade commission ITC they do customs and shipping and importing all day long and if you’re not so interested in the damages but you want to just make sure that products stop coming in without your permission they will do so very quickly and so it’s a separate tribunal a separate court system and it can happen all in parallel to a federal case and the PTA case the ITC will quickly make sure that those products if they’re being accused and infringement are held until that matter is resolved so if you have any questions about litigation enforcing your patent rights as a start-up as a business that’s really want to make sure you’ve got your ducks in a row for your technology give us a call at [Music]
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