Understanding Your Patent Litigation Claim
A Los Angeles Patent Litigation Attorney Explains Your Patent Claim
Patents provide important legal protections to the creators of a wide range of inventions, from kitchen items to surgical devices. Obtaining patent protection is an essential first step but may not be enough. Patent holders also have to actively guard against infringement, including in some cases by taking steps to stop it in court. At Glancy Prongay & Murray, we combine decades of legal experience to help people and businesses enforce their patents. When you hire us, your claim will be managed by Los Angeles patent litigation attorney who has a strong track record of success in these and other cases.
Our firm is committed to helping clients nip patent infringement in the bud. That includes working to get infringers to cease their unlawful behavior without having to file a lawsuit in some cases. We are also experienced litigators who fight for our clients in the courtroom when needed. That is particularly important in an era in which big companies that violate patent protections are likely to fight claims from patent holders head on.
Do not let concerns about the cost of protecting your patent rights get in the way of going after infringers. Our firm is pleased to offer a wide variety of fee arrangements to help share the risk of litigation with clients. That includes partial and full contingency agreements, as well as assistance with litigation financing.
Enforcing Your Patent
The United States Patent and Trademark Office is responsible for awarding patents. The office reviews patent requests and determines the scope of any given patent.
The office grants two types of patents. Utility patents are available for “new and useful” machines and other processes. They can also be awarded for improvements on existing machines and processes. Design patents cover “new and useful” designs.
If granted, a patent precludes anyone else from using your invention without your consent. Patents are typically granted for 20 years of exclusive use.
The patent office does not, however, actually enforce the patent. It is up to patent holders to protect themselves. Although people and businesses have the right to petition the International Trade Commission to enforce the patent, the commission typically only gets involved in situations involving the import of a product into the country that impacts a domestic industry. The ITC is additionally limited in that it does not have the power to grant monetary awards for patent infringement.
Protection starts with monitoring for possible patent infringement. It is important to remain vigilant by actively scanning the marketplace for possible infringements. A seasoned Los Angeles patent litigation attorney can provide vital assistance in this process by helping to determine whether a perceived patent violation is an actionable infringement.
A patentee whose rights are being infringed has the right to seek fees from a person or business using the invention or design without permission. That is usually done through a license agreement, which allows the infringer to continue using the invention or design in exchange for payment. The patent holder can also instruct the infringer to cease and desist, threatening a lawsuit if the infringer fails to do so. Sometimes, the threat of a lawsuit can help move licensing agreements or another type of settlement forward.
Suing for Patent Infringement
A person or company whose patent is being infringed can sue to stop the infringement in federal court. The lawsuit generally can be filed in a district court in any area in which the patent is being infringed, that is, where the infringing product is sold. Venue selection can have a significant impact on the efficiency and effectiveness of a lawsuit. That is just one reason why it is vital to have a seasoned patent litigation law attorney in your corner.
There are two goals in most patent lawsuits: stop the infringement and compensate the patent holder for the impact of the infringement.
When irreparable harm is occurring, the patent holder can ask for an immediate preliminary injunction. If granted, the court will order to infringer to cease and desist while the lawsuit is pending. The patent holder can then ask that the injunction be made permanent.
Patent holders have the right to seek compensation for both lost licensing fees and any decrease in profits caused by the infringement. A person or business who proves that the infringement was willful can seek significant additional compensation, which is meant to punish the infringer.
Proving Patent Infringement
To win in court, you have to prove that you hold a valid patent that has been infringed by the person or entity that you are suing.
Even if you have a patent, there is a risk that the court will find that the patent is not valid. That may be, for example, because the patent office examiner did not consider certain existing inventions or designs at the time the patent was granted.
A patentee also has to prove the scope of the economic injury caused by the infringement. That means assessing the importance of the patent, the value of a license and the impact of the infringement on your profits. A seasoned patent litigation law attorney can help you consider these and other questions in order to build the strongest case for infringement.
Speak with a Los Angeles Patent Litigation Attorney
If you are seeking to enforce a patent, copyright or trademark against infringement, it is important to seek the counsel of an experienced intellectual property litigation attorney.
At Glancy Prongay & Murray, our patent litigation attorneys have been representing people and businesses in these and other cases for more than 30 years. We have a strong track record of success for our clients and have been recognized by a number of judges for providing comprehensive services. Call us at (310) 201-9150 or contact us online to speak with a Los Angles patent litigation lawyer today.
