This article aims to help you understand:
- Your rights in patent litigation cases.
- The flow of the overall process of patent litigation cases.
What Type Of Relief Is Available In A Patent Infringement Claim?
A patent gives you the right to stop someone else from using what is described in the claims.
Possible remedies include:
- Forcing them to stop selling your product, that is, the part related to your invention.
- Forcing them to give you a licensing fee for ongoing use of the invention.
- Getting damages for the value of the invention as part of all the products they have sold so far.
Under patent litigation law in the United States and the norms therein, a third-party economic expert would generally evaluate these situations and calculate damages. If you are able to prove willful infringement, you might receive triple the calculated amount of damages.
If you file in the ITC, “International Trade Commission” in Washington, DC., you can get the International Trade Commission to exclude all imports of that product. This assumes you successfully prove a competitor’s product is infringing your patent in the International Trade Commission.
Doing so can be particularly effective if you know your competitor is only manufacturing abroad, which is very common. However, filing in the ITC is very expensive because it is far faster than other venues. This can be useful if your side is prepared with expert witnesses, and they know to anticipate what kind of briefs will be required or if you catch the other side off guard.
Can You Counterclaim In A Patent Infringement Case
Large companies frequently counterclaim in the patent litigation process. Doing so gives them some leverage in negotiating a settlement to the case rather than spending years in litigation. However, very wealthy companies like Apple and Samsung may very well choose to litigate every patent because they simply cannot come to an agreement and can afford to spend money on attorneys.
What is more realistic is that a big company with multiple patents sues a small company that simply cannot counterclaim for one reason or another. It may not have a patent, and without one, no leverage. This often gives small companies an incentive to apply for patents. A patent can be used both as a sword and a shield.
What Is The Length And Cost Of A Patent Infringement Case?
Patent infringement cases can be very long and expensive, taking, on average, anywhere from three to five years and costing $1.2 million. However, if you seek a settlement, the cost and time are significantly less.
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- Relief Available In A Patent Infringement Claim
What Is Your Firm’s Experience Representing Clients On Either Side In Patent Litigation Cases?
We have several years of experience in patent litigation, mainly on the plaintiff’s side, that is, where our client has a patent and accused the infringer of infringing their patent.
We have drawn on expert witnesses, electronic data discovery, and depositions, among other things, in doing whatever it takes to deliver success for our clients.
With the guidance of a skilled attorney for Patent Litigation Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
At What Point Should I Hire A Patent Litigation Attorney For My Case?
The sooner you partner with a patent litigation attorney, the better. Having your product patented, or at least having the patent filed, before you start selling it will tremendously help you and better ensure you get damages from a competitor as soon as they start infringing your patent.