Patent infringement lawsuits are not uncommon. In 2021, chip manufacturing giant Intel was ordered to pay $2.18 billion to VLSI Technology for infringing on eight of that company’s patents. The jury verdict is on appeal by Intel. The award was the third billion-dollar verdict in patent infringement lawsuit history.
Though your patent may not rise to the level of infringement by a multi-billion-dollar company, you still have rights under the law to protect that for which you hold a valid patent. Action by the patent owner, known as the patentee, must take place in a federal district court where the patentee can seek an injunction, basic and potentially enhanced economic damages, as well as attorneys’ fees.
If you believe your patent has been infringed upon in or around Jacksonville or St. Augustine, Florida, contact me at the Law Office Mitchell Ghaneie, P.A.
My team consists of both registered patent attorneys and patent agents, and we have subject matter expertise in various scientific and related fields. We can advise and assist you in taking action to obtain relief and perhaps even damages for any patent infringement you suffered.
Patent Infringement Law in the United States
Patent infringement is defined under U.S. code as “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.”
Since intellectual property, which includes patented materials, is governed by federal law, lawsuits must be brought in a federal district court.
One complication in patent infringement matters is that multiple parties may be involved. An infringer is the person or company responsible for infringing on your patent. A contributory infringer is someone who assists the infringer. In some cases, multiple companies may be infringing or contributing to infringement.
Steps to Take If You Suspect Patent Infringement
Patent infringement lawsuits can be costly and require extensive documentation and evidence gathering. Identifying the infringer is the first step. Before filing a lawsuit, however, you may begin by sending a demand letter to the infringing party. A letter from an attorney is typically taken more seriously than one sent without legal representation.
If both parties can reach a mutual agreement, you may choose to grant a license allowing the infringer to use your patent. This could provide ongoing royalties and reduce future losses. However, if significant financial losses have already occurred, compensation may also be negotiated before granting the license.
If negotiations fail and the infringement continues, it may be time to consider legal action with the help of an experienced patent attorney.
Filing a Lawsuit
The statute of limitations for filing a patent infringement lawsuit is six years. Waiting too long, however, may increase financial losses. Patent litigation is often expensive for both parties, which may encourage settlement before trial.
If a lawsuit is filed, a U.S. marshal must serve notice on the alleged infringing parties. You have 120 days to complete this step. Once served, the defendant typically has 21 days to respond.
In many cases, the defendant will argue that the patent does not meet legal requirements such as being “new,” “useful,” or “non-obvious,” or they may challenge the validity of the patent itself.
To succeed in court, the patent holder must prove infringement by a “preponderance of evidence.” This typically involves:
- Proving the validity of your patent: A patent must be granted by the U.S. Patent and Trademark Office (USPTO) to qualify for legal protection. Patents generally last 20 years but require maintenance payments at 3.5 years, 7.5 years, and 11.5 years. Failure to make these payments may cause the patent to expire.
- Proving infringement: This involves identifying the infringer, explaining the nature of the infringement, and demonstrating how the infringing product or process is similar to the patented invention.
Courts typically rely on plain language interpretations of submitted documents, so explanations must be clear and understandable. Technical details may require additional definitions or illustrations.
Patent law also recognizes the “doctrine of equivalents,” meaning that if elements of an accused invention perform substantially the same function in substantially the same way as the patented invention, infringement may still be found.
Hire an Experienced Patent Attorney
Just as it is not advisable to apply for a patent without legal guidance, it is equally important to seek experienced representation when dealing with patent infringement. Court procedures are complex, and the opposing party may challenge your claim through several legal defenses.
If you’re facing patent infringement in or around Jacksonville or St. Augustine, Florida, contact the Law Office of Mitchell Ghaneie, P.A. My team will analyze your case and help determine the best path forward to protect your patent and pursue compensation for potential losses.
