Patent infringement is the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining the owner's permission by contract, license or waiver. There are several remedies available to patent owners in the event of infringement. These remedies include monetary relief, equitable relief, and costs and attorney's fees.
Monetary relief, in the form of compensatory damages, is available to remedy patent infringement:
Injunctions are orders issued by a court ordering someone to do something or prohibiting some act. Injunctions are available in two forms:
Preliminary injunctive relief is granted if the patent owner can demonstrate a high probability of winning the case and a permanent injury sustained in the absence of injunctive relief. The patent owner must also make a "clear showing" of validity, including:
Unless contrary to pubic interest, permanent injunctive relief is commonly awarded to the prevailing patent owner.
Costs are typically recoverable and, in rare cases where there has been willful infringement, so are attorneys' fees.
The remedies and resolutions for patent issues are detailed and complex. An intellectual property attorney can help you choose the remedy that works best for your particular needs. A lawyer can also participate in on-going research to make certain no one else is using your patent without your permission. Additionally, in cases of patent infringement, an attorney can guide you through the difficult and strict procedural requirements for litigation and bring out the core issues of your case.
Last Modified: 03-22-2018 08:46 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.