Patent Litigation; The David-Versus-Goliath Struggle

Most individuals or small businesses feel as though their interests are being well protected as they have completed the patent prosecution process and have been granted a patent on their unique idea. Sources cite that it in the first five months of 2015, approximately 500 patent litigation cases were filed per month. Statistics shows that the number of cases filed during the first half of 2015 are comparable to 2013 which was the biggest year for patent litigation. The sheer number of cases filed each month is a clear indication that intellectual property law is a sensitive and complicated area of law. Albeit defending a patent is not an undertaking for a savvy individual, attorneys who specialize in intellectual property law are the only recourse for patent owners in navigating the complicated waters of defending individuals or businesses in patent litigation.

Patent litigation is referred to as the David-versus-Goliath struggle primarily because the plaintiff is likely an individual or small business and the defendant is, in most cases, a larger entity with unlimited resources. Simply having a valid patent or an iron clad claim doesn’t guarantee success. Larger corporations are in a position to aggressively contest every aspect of a patent owner’s claim and having an advocate with a proven record of successfully litigating patent infringement cases is key to a successful resolution.

A patent enforcement attorney will explain the various outcomes of patent litigation and advise accordingly. As a patent owner, it would be wise to be aware of the potential outcomes, including injunctive relief, which is an order stating that the infringer must cease production, sale, or services that use the owner’s patent. An exclusion order may be issued by the International Trade Commission when the patent owner is an efficiently-run domestic industry and the patent infringer is a foreign entity. An exclusion order is similar to injunctive relief and, the patent infringer is ordered to cease production, sale or service that uses the patent. In addition to the aforementioned outcomes, an attorney may seek also seek monetary damages, a negotiated settlement may be reached, or the litigants can pursue mediation.

A skilled patent attorney of techpats will do all the necessary due diligence to ensure that the patent owner’s interests are protected, but most importantly, advise the patent owner of any conditions required to facilitate a successful infringement claim. Protect your patent by hiring a skilled patent enforcement attorney.