Patent Litigation Lawyer

For many business owners, independent inventors, and other entrepreneurs, it’s ideal to avoid litigation. However, getting ready for the possibility is crucial. You want to work with attorneys who understand this balance.

Preparing for litigation helps you in negotiations and other steps prior to litigation and can prove to the other party your willingness to defend your patent. When litigation is needed, there must be an effective strategy in place that is specific to your industry.

At Bold Patents, we want to help you protect your bold ideas. We understand that patent litigation is unavoidable at times. When litigation is necessary, it is important to follow these steps:

• Filing a complaint. Litigation begins when a patent owner officially files a complaint in federal court, outlining the specific patent claims, nature of the infringement, and the relief sought. The defendant alleged of the infringement is formally served the complaint and given a deadline to respond.
• Response. The defendant follows up the complaint with a response to the claim, which can include a denial of the infringement, arguments for patent invalidity, or by issuing a counterclaim, such as alleging that the plaintiff has engaged in anticompetitive behavior.
• Discovery. At this point in the litigation process, both parties will engage by gathering evidence to support their claims or defenses. Each side will request documents, such as emails, patent records, lab reports, or technical specifications. Additionally, the discovery stage will generally include dispositions and interrogatories. This stage can be both time-consuming and expensive, lasting from several months to years.
• Motions and claim construction. Either party can file a motion before trial begins, submitting requests to dismiss the case, exclude evidence, or seek summary judgement. A claim construction hearing, also known as a Markman hearing, involves a judge interpreting the meaning of key terms in the patent claim, which will significantly influence the outcome of the case by determining the scope of the patent protection.
• Trial. If no settlement can be reached by this stage, then the case will proceed to trial. During trial, both sides will present documents, evidence, and testimony by professionals in the field to explain aspects of the patent. If infringement is proven, then damages will be assessed.
• Appeals. Trial is not the end of the litigation process, as the losing party may choose to file an appeal with the Federal Circuit Court of Appeals. The appeal will argue that the trial court misinterpreted patent claims during the Markman hearing, excluded evidence, made errors in applying patent law, or issued an excessive damages award. This step can potentially take several years to resolve.
• Enforcement. Outside of any appeals, the last stage of litigation is to enforce the ruling. This includes awarding monetary damages to the plaintiff, if they win, and issue an injunction that prevents continued infringement by the defendant.

At any point during the litigations the two parties may choose to settle, thereby ending the case and avoiding prolonged litigation. This can be done through licensing agreements or through a one-time financial settlement.

Bold Patents has years of experience dealing with patents and can provide professional advice for those applying for, maintaining, and defending their patents. Our goal is to defend your rights diligently, considering your business goals and the implications of the infringement. We can work closely with you during the pre-litigation stages. We work with a network of patent litigators who can handle the remaining aspects, should your case require further litigation.

Understanding Patent Litigation

Patents are granted by the U.S. Patent and Trademark Office (USPTO), and you are named the inventor of something with certain rights. This includes the right to prevent others from selling, offering to sell, making, using, or importing your invention. Patent litigation is necessary to enforce those rights, as they are not automatically enforced. When another party sells or uses the invention on which you have a patent, you can file a claim against them.

Patent litigation is necessary to uphold the purpose of a patent and protect your intellectual property. Working with the right patent attorney helps you address these infringements on your rights as quickly as possible.

Patent Basics

Patents are an essential part of helping entrepreneurs protect their creations and help visionaries innovate and profit from that innovation. When you create something that is new, innovative, and non-obvious, you can submit a description of your invention and how to make and submit it to the USPTO, along with other documentation. If you are granted the patent, you are able to get those rights against infringement for between 15 and 20 years.

There are three types of patents. The type of patent you apply for depends on what your invention is. Plant patents protect newly created plant varieties, as well as their fruits or flowers. Utility patents protect an invention’s innovative function, such as a new process or machine. Design patents protect the innovative appearance of an article of manufacture.

Patents are not the only way to protect your invention, and other types of intellectual property protection may benefit inventors. Patents provide you with an exceptional ability to gain a competitive edge in your field.

How a patent application is drafted influences the coverage of a patent. It’s important that it protects all the important parts of your innovation without being too broad. Patents are complicated, and this is what can lead to litigation. Parties may disagree over whether or not infringement has occurred or claim a patent overreaches the bounds of what is fair.