How do you defend a patent infringement?

Prove that you are compliant, by data that shows you are not infringing, or argue that the asserted patent is invalid, if that be the case. Stop selling or making the infringed product. Negotiate licensing fees from the patent owner by cross asserting your patent portfolio (if the plaintiff is not an NPE).

What do intellectual property lawyers protect?

Intellectual property lawyers counsel their clients on establishing and protecting intellectual capital. Most IP law practices handle matters such as patents, copyright, trademark law, licensing, franchising, distribution, technology transfers, and trade secret projects.

How much does it cost to sue for patent infringement?

According to the American Intellectual Property Law Association, the average cost to litigate a patent infringement case through trial, when the amount at stake is between $1 million and $25 million, is $2.8 million.

What is a possible outcome of a lawsuit over intellectual property?

They can result in consequences such as: Criminal fines. Imprisonment for several years, depending on the nature of the charges. Seizure of the stolen property, documents, or materials. Loss or suspension of a business operating license.

How do you judge patent infringement?

Patent infringement must be proven by showing that the product or service infringes each and every element of the asserted claims. Specifically, demonstrating an alleged unpermitted use is a textual and graphical comparison of the claims and the potentially infringing use.

What is a patent infringement claim?

Infringement of patent Infringing a patent means manufacturing, using, selling or importing a patented product or process without the patent owner’s permission. If someone infringes your patent, you can try to settle the dispute with them outside of court, or take legal action and claim damages against them.

Is intellectual property a patent?

“Intellectual Property” is the term used to describe certain categories of rights acquired by businesses to further their business interests. Patent rights are considered intellectual property. It helps in understanding patent rights and their value to compare patents to other forms of intellectual property.

Can you sue for patent infringement?

A patent offers an exclusive monopoly on an invention. The U.S. Patent and Trademark Office administers and issues patent applications. However, if you wish to sue a person or business for infringing on your patent—that is, for using it without permission—you must file a lawsuit in federal court.

How long does a patent infringement lawsuit take?

Patent litigation cases take one to three years to get to trial. In addition to being costly, patent litigation cases can drag on for years, which further inflates legal fees. According to patent litigation facts, it often takes one to three years just for the case to get to trial.

How much can you sue for intellectual property?

Statutory damages are explained in 17 U.S.C. § 504(c). For infringements that cannot clearly be proven as either innocent or willful, statutory damages may be from $750 to $30,000 per infringement. The exact amount depends on the seriousness of the infringing act and the financial worth of the infringer.