What actions can I take against patent infringement?

Send a Warning to the Violator

The first step when determining if there was actual patent infringement is to send the infringer a written warning. Sometimes this warning is sufficient to stop the infringement activity, and in rare cases you may discover that there was no patent infringement in the first place.

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Challenging Patent Infringement

The action necessary to challenge patent infringement depends on the country where the infringement has happened. In the United States, you can file a claim if anyone has made, used, sold, offered to sell, or imported unauthorized copies of your invention. Patent infringement claims in the United States must be filed in the states that the infringer does business. Whereas in the United Kingdom, infringement is defined as the making, disposing of, offering to dispose of, using, importing, or keeping a patented product and applies to the entire United Kingdom.

In all countries, infringement claims can only be filed for inventions where a patent has been issued. If your patent is still pending during the infringement, you may be able to obtain an injunction. An injunction will temporarily stop the infringer from creating and selling the invention until your patent clears, at which time you can file an official lawsuit for damages.

If the infringer is acting in a country where you do not own a patent, then you cannot sue. Current law mandates that each country is permitted to have their own patent forms and they are only responsible for protecting patented items in their own borders. Furthermore, there are many third-world countries with extensive black markets where patent protection does not exist at all.

File a Lawsuit

If the activity continues, you can go to the federal court and initiate a lawsuit to seek a restraining order and injunction to prevent further patent infringement. You can also ask the court to seize and impound the allegedly infringing items or articles while the patent action is pending.

If there was an infringement and any patented works were destroyed, an infringer would be liable for actual damages plus additional profits of the infringer or statutory damages. A violator may also be liable for statutory damages, which are assigned amounts per infringement incident and vary depending on whether the infringement was intentional or accidental.

Further, an infringer could be held liable for injury to business reputation or the dilution in the value of the patent. A patent holder can also be awarded costs and attorneys’ fees if they win their lawsuit.

You will need to hire an attorney familiar with patent law if you decide to file a lawsuit.

Case Studies: Protecting Your Patent Rights – Actions Against Patent Infringement

Case Study 1: Sending a Warning

In this case, the patent holder suspects patent infringement and takes the initial step of sending a written warning to the alleged infringer. This warning serves as a formal notice, informing the infringer of the potential violation and requesting them to cease the infringing activity.

Depending on the circumstances, the warning may be enough to stop the infringement, saving both parties from a protracted legal battle. The patent holder can utilize insurance coverage such as intellectual property liability insurance to help cover legal expenses associated with sending the warning and negotiating a resolution.

Case Study 2: Challenging Patent Infringement

If the infringement continues despite the warning, the patent holder may need to take legal action. This case study explores the process of challenging patent infringement in different countries. The patent holder may file a claim in the relevant jurisdiction, such as the United States or the United Kingdom, depending on where the infringement occurred.

It is important for the patent holder to consult with an attorney experienced in patent law to navigate the specific legal requirements and procedures. Insurance coverage like intellectual property litigation insurance can help mitigate the financial risks associated with filing a lawsuit against the infringer.

Case Study 3: Filing a Lawsuit

When the infringing activity persists, the patent holder may decide to initiate a lawsuit in federal court seeking a restraining order and injunction to stop the infringement. This case study explores the process of filing a lawsuit and the potential outcomes. The patent holder can seek damages, including actual damages, additional profits of the infringer, and statutory damages, depending on the circumstances and the jurisdiction.

Insurance coverage like patent infringement insurance can provide financial protection by covering the costs of legal representation, potential damages, and other expenses associated with the lawsuit.

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