Patent Infringement Representation

Phone: (858) 587-2510

Patent Infringement Overview

A United States Patent grants the patent holder the right to exclude others from making, using, selling, offering for sale, and importing into the United States, a patented invention. Patent Infringement occurs when someone performs at least one of these activities without the permission of the patent holder.

Patent Infringement Lawsuits begin by filing a complaint alleging patent infringement. The complaint is filed in Federal District Court. In California, patent infringement lawsuits are litigated in the following federal district courts:

• Southern District of California (San Diego, CA)
• Central District of California (Los Angeles, CA)
• Nothern District of California (San Francisco, CA)

A decision by a Federal District Court can be appealed to the US Court of Appeals for the Federal Circuit (Washington, DC). A decision from the Court of Appeals for the Federal District may be appealed to the Supreme Court of the United States. Most cases are not accepted for review by the Supreme Court but many are appealed to the Federal Circuit.

Stages of Patent Infringement Litigation

If a patentholder identifies a potential infringer, a patent attorney should be consulted. A patent attorney can provide information regarding the patent litigation process as well as provide alternatives to patent litigation.

We believe court is the last place parties should work out their differences; however, if necessary we can assist patent owners in enforcing patent rights or defending against patent litigation actions. The following is a brief and simplified overview of the patent litigation process for discussions with a patent attorney.

Idenification of Infringing Device or Method - Before a patent infringement lawsuit is filed, the patent holder should show a patent attorney the alleged infringing product. The patent attorney can evaluate the compare the claims of the patent to the device or method and can advise the patent holder whether the patent attorney believes the device or method infringes the patent.

Offer to License the Patent - In some instances the patent holder may wish to license the invention to the alleged infringer. A patent attorney can prepare a letter offering a patent license. Licenses can be prepared using a variety of terms and conditions such as flat rate, percent of sales, or any other creative arrangement. The License may be an exclusive license or a non-exclusive license.

Cease and Desist - In some instances a patent holder may wish the patent infringer to stop the infringing activity. If a license is not desired a patent attorney may formally instruct the infringer to cease and desist (or immediately stop) the infringing activity.

Serve a Complaint - Like other legal actions a patent infringement lawsuit must be served on the accused infringer.

File a Complaint - The complaint for patent infringement is filed with the appropriate district court. The complaint addresses whether there is sufficient information for proper jurisdiction and venue. Additional legal actions may also be included in the patent infringement complaint.

File an Answer - The Defendant (accused infringer) files an Answer. The Answer typically includes the position that the Defendant is not infringing the patent. The Answer also frequently includes one or more affirmative defenses such as the patent is invalid and often includes counter claims (such as Plaintiff is infringing the Defendant's patent) and cross claims.

Patent Infringement Settlement Conference - In California, the parties must try to settle patent infringement cases before proceeding to trial. There is a public interest in settlement because the courts are always backed up with other cases.

Markman Hearings - In Markman hearings, the attornys will provide the court with charts interpreting the scope of the patent and legal briefs arguing a particular position. Often the court will go through the patent claim by claim. Many patent infringement lawsuits are won or lost at the Markman hearings because the scope of the patent will often define whether the device or method infringes the patent.

Patent Infringement Trial - During a patent infringement trial the accused device is compared to the claims of a patent. In addition the affirmative defenses such as patent invalidity are also provided.

Patent Infringement Damages - The last stage in a patent infringement lawsuit is the determination of damages. Damages can vary depending on whether the patent infringer knew of the patent prior to or during the infringing activity.

Contact a patent attorney for more information about patent infringement litigation and the patent process.

Raymond Wagenknecht, Patent Infringement Litigation Attorney

Raymond Wagenknecht is a patent attorney practicing with Biotech Beach Law Group. Raymond provides personalized and affordable patent and trademark representation. He represents parties in patent infringement litigation cases.

Practice Areas

Patent

Trademark