A patent lawsuit is a specific type of lawsuit involving intellectual property laws. A patent provides exclusive rights and use to different types of inventions. Thus, most types of patent lawsuit involve the illegal or unauthorized use of a patent or patented material. These types of lawsuits are generally called patent infringement lawsuits.
Proving patent infringement is generally a complex process that involves several steps. For example, it involves determining the scope of the patent’s protection, and examining whether or not the defended infringed upon the protections. Also, the plaintiff will be required to prove that they suffered losses due to the infringement.
Some remedies may include patent infringement damages, which are designed to reimburse the patent holder for any losses caused by the infringement. For instance, the defendant may be required to pay damages for lost profit, and for lost business clientele. The damages claims need to calculable, provable (not speculative in nature) and supported by evidence.
Another typical remedy in a patent lawsuit is an injunction to have the offender stop producing or using the patented material. They may be required to pull their products from a marketing line, change a recipe/formula, or take other similar actions. Related materials may be subject to confiscation.
There may be several patent infringement defenses available to the defendant, depending on the facts. For instance, it may be a defense if the defendant can prove that they were actually authorized to use the patent or patented invention. They may be able to show the consent of the patent holder for the usage.
Other defenses may include an invalid patent; unfair on inequitable conduct of the plaintiff; a delay in filing suit, or other defenses that are specific to the type of patent involved.
Patent law is a very specific category of intellectual property law. You may wish to hire a patent lawyer if you need assistance with a patent lawsuit, or with a patent infringement claim. Your lawyer will be able to provide you with legal counsel and advice on the matter, and can help you file a lawsuit if needed. Your attorney may be able to help you obtain the appropriate legal remedy for your case.
Last Modified: 04-17-2015 12:16 PM PDTLaw Library Disclaimer
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