If you own a patent that has been infringed or are being accused of patent infringement, there are options available to you, including patent litigation. However, the patent law is quite complex, requiring an understanding of complex technical information and legal issues. Defendants may aggressively fight back against a patent owner's claim and patent owners may seek extremely high settlements. It is important to retain attorneys with the resources and experience to pursue a remedy, as well as bring any appeal that may be needed. At Chavous IP Law, our experienced Boston patent litigation lawyers can help clients throughout the U.S. and the world maneuver through an intellectual property dispute.Vigorous Advocacy in Patent Litigation
United States patents are documents issued by the United States Patent and Trademark Office (USPTO), a federal agency. A patent allows you, as a patent owner, to stop other people and businesses from making, selling, offering to sell, utilizing, or importing into the country any products or techniques covered by the patent. If others violate your patent rights, you can collect damages, among other forms of relief. Your patent from the USPTO usually will not affect activities outside the boundaries of the United States.
Patents have several parts, and it is important to know the importance of each part. The claims are the part of the patent that is either infringed or not infringed. The claims are at the end of the patent document and each claim is a single sentence. Each claim covers an embodiment of the invention that is described in the specification. The specification is the part of a patent that describes how to make and use the invention. The specification contains a background, a summary of the invention, a description of the figures, figures and a detailed description of the invention. A patent also contains a cover page, which provides the names of the inventors, the date of filing, and other important information.
Patents are enforced in the federal courts under Title 35 of the United States Code. You must therefore file a patent lawsuit in a federal district court to enforce patent rights, and if you are defending against a patent suit, you must defend your suit in federal court. Our firm represents both patent owners and defendants in federal district courts across the country.
Patent litigations are complicated and require attorneys who understand the distinctions between defending against patent infringement and asserting patent infringement. For a patent owner, you will need to show that it is more likely than not that the defendant did infringe your patent. For a defendant on the other hand, it can defeat a lawsuit by showing that the patent claims that you asserted in the patent are invalid. For example, if it is able to show that you listed technology that pre-existed your patented invention, it may be able to defeat your claim. This however requires that the defendant show invalidity by the high burden of clear and convincing evidence. In some cases, an infringer will file for an inter partes review.
If you are a patent owner and successfully prove infringement, and the defendant is unable to show that your patent claims should not be enforced, you can request monetary damages to compensate you for past infringing conduct, an injunction stopping future infringement, and an order requiring royalty payments for future infringing acts. You may be entitled to lost profits arising from sales of patented inventions that you would have made if not for the defendant's unauthorized use of your patent. For lost profits, you will need to show that the defendant's infringement led to fewer sales than what would have occurred if not for the infringement. You might also be entitled to a reasonable royalty, which is the amount of money that an infringer would have paid in a hypothetical bargain to license the patent at issue. In some instances, the patent owner can recover attorney’s fees, costs, and multiple damages if the defendant’s conduct is deemed willful.
Our Boston patent litigation attorneys may also be able to help you obtain an injunction that stops the defendant from continuing to infringe if the defendant and you are in competition, and you are being harmed in the marketplace by the infringement. It is difficult for a non-practicing entity that does not make the product using the patent to get a permanent injunction. The court can also order the defendant to pay you a sum for future infringing conduct. In some cases, in which the infringement was willful, enhanced damages up to three times the amount of the actual damages may be awarded.
Rather than going through litigation, it may be possible to negotiate a settlement either outside or through mediation. A mediation process is conducted by a neutral third party, known as a mediator. The settlement may involve a licensing arrangement that allows you, as a patent owner, to be paid a royalty for using the patent.Contact a Knowledgeable Patent Litigation Lawyer at Our Boston Office
If you are looking for a lawyer during a patent dispute, Chavous IP Law may be able to help you. Our principal has a decade of experience involving patents in the fields of pharmaceuticals, biochemistry, biotechnology, immunology, and medical devices. We represent clients throughout the United States and the world. Call us at 978-655-4309 or use our online form to set up an appointment