Patent Infringement And Litigation

  • techieonthemove
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  • October 20, 2015
  • gf

    Inventors, designers and businesses have a legacy of filing patents and at some point the patent is infringed, used or claimed by an authorized source. The process of lawsuits and litigation can be lengthy as each party attempts to prove ownership or control of a valid patent. For large corporations with unlimited resources the battle can be extensive, and small entities may find the battle more difficult than anticipated without the necessary resources. Arguments and disagreements between legal representatives by means of lawful practices attempt to show proof of claim by both the defense and the plaintiff.

    It’s a good idea to have an experienced firm or representative with a noted reputation from the beginning. Precautions of hiring an experienced representative of techpats when filing a patent ensures the applications are protected and valid should a legal battle occur in a district court where the judge will review the scope of the patent protections. Based on the patent filings an outcome of settlement or trial results protecting the winner’s claim will be validated.

    Infringement

    There are several forms of infringement from offering the use of the patent to the actual use with the intention of sale. A less known infringement is to collect patented product and wait for the patent to lapse before selling. In today’s global market USA patented products may be manufactured outside of the USA and if protected these products cannot be imported into the USA for sale.

    Enforcement

    Authorized sale or use of patented products or process obtained from the patentee or licensee in an agreement and may have limitations based on legal documents. Enforced patent strategies vary based on the situation and the desired outcome, which can include damages related to money loss, while other strategies halt actions without compensation such as an exclusion order similar to a permanent injunction to prevent entry into the country. In some cases, a licensing agreement, where the patent owner is paid a royalty for a specified term of product production, sale and typically includes retroactive payments.

    Litigation

    As the parties enter litigation many times a mediator is requested with the objective to reach an agreement outside of court, stopping succeeding appeals of the verdict issued according to law proceedings. It’s important for the patent holder to understand that although patent attorneys and patent agents can represent either party, only patent attorneys are authorized to represent a party in court.…