Intellectual Property Law
The government will not assist you when someone infringes upon your patent. It is incumbent upon the owner to bring the action to court as a civil matter. The burden of proof rests on the violated party to prove infringment occurred and to prove damages. Patent litigation can have the following outcomes:
Injunctive relief: Injunctive relief halts patent infringement.
Monetary Damages: The patent holder can request damages for royalties and lost profits and the court may grant the winning party reimbursement for attorneys’ fees and costs. If the court determines that the infringement was willful, the court can triple the amount of damages awarded (treble damages).
Negotiated Settlement or Mediation: Both avoid litigation and its cost but require the retention of counsel.
More detailed information on court decisions and applicable laws in relation to patent litigation can be found by visiting the Cornell University Legal Information Institute Patent Page.
The two primary defenses to patent infringement are:
- patent invalidity and
- that the products or actions in question do not violate/infringe upon the patent.
A person who has been accused of patent infringment may file for a declaratory judgment that states the patent involved is invalid or that the actions/products in question do not qualify as infringement. If you are accused of patent violations or infringement, it is important to retain legal counsel. If you are accused of patent violations and/or infringement, it is important to retain legal counsel.
Selling your Patent
Selling your patent or a license to your patent can be lucrative. You have several options once you decide that you want to give someone else the opportunity to make (maybe even exponentially more) money off of your patent. You can sell your patent through direct contact, trade shows, advertisements, venture capital firms, patent websites, brokers and/or submission companies. It is wise to speak with an intellectual property attorney before attempting to sell your patent.
Call (410) 752-1261 or (410) 752-9300 to speak with one of our attorneys regarding patent litigation or defense. If you prefer to fill out the contact form on the right, we will promptly respond to your inquiry.