What to Do If You Suspect a Patent Infringement
Nov. 29, 2022
In the United States, patent laws are designed to protect an inventor's exclusive rights to sell, make, use, or import their invention for a particular period. When a person violates your rights as a patent owner with respect to an invention, you may have a patent infringement claim against them. An experienced New Jersey intellectual property attorney can enlighten you about what to do if you suspect a patent infringement and help pursue damages.
CoffyLaw, LLC is dedicated to offering trusted advocacy and skilled representation to clients in their patent infringement cases. Attorney Emmanuel Coffy and his trusted legal team can investigate the surrounding facts of your case, establish that your patents were infringed upon, and help seek available damages. With offices in New Jersey and New York, Coffy Law represents clients across the nation.
What Is Patent Infringement?
Patent infringement occurs when a person manufactures, uses, sells, or imports a patented product or invention without the permission of the patent owner. For instance, if a patent is granted to an inventor in the United States, any person, business, or company in the country is prohibited, under the law, from importing, making, selling, or using the patented invention without the owner's authorization.
Types of Patent Infringement
Some common examples and types of patent infringement include:
Direct Infringement: Direct infringement occurs when another person creates or manufactures the patented product without the permission of the patent holder.
Indirect Infringement: Indirect Infringement occurs when a person doesn't violate the patent owner's rights directly but might have helped or encouraged another person to infringe on the patent.
Contributory Infringement: Contributory infringement occurs when a person provides an item or product which helps another person to infringe upon the patent.
Willful Infringement: Willful infringement occurs when another individual or business intentionally uses or makes another person's patented products or ideas.
Induced Infringement: Induced infringement occurs when a person persuades or coaxes someone into manufacturing or using a patented invention.
Literal Infringement: Literal infringement occurs when the alleged infringer's product has all the specific features of the patented product. To establish literal infringement in civil court, the plaintiff must show that all elements of the defendant's product are available in the patented item.
In the event of a patent infringement, the patent owner may be eligible to file a civil lawsuit – patent infringement claim – seeking damages for past infringement. In addition, the patent owner may be able to obtain a court injunction to stop or prevent further infringing activities.
Steps to Take if You Suspect Patent Infringement
If you suspect that your rights as a patent owner have been infringed upon, you may hold the alleged infringer liable by suing them in civil court. In order to establish your patent infringement claim, you must prove the following elements:
Ownership of the Patent – The patent was issued to your invention or idea.
Validity of the Patent – The patent is valid.
Infringement by the Defendant – The defendant infringed on your patent owner's rights by manufacturing, using, selling, or importing the patented product.
An experienced New Jersey patent attorney can help file your patent infringement claim, establish liability, and help seek available relief.
Remedies for Patent Infringement
Patent litigation is usually a civil matter. Here are the available remedies for patent infringement:
Monetary damages or compensation for past infringement
A court injunction or order prohibiting the manufacture, use, or sale of the patented invention or other future infringements
Special damage award for infringement of design patent
Enhanced damages in exceptional cases or circumstances involving litigation misconduct or willful infringement
A practiced attorney can advocate for your legal rights, hold the infringer accountable, and help you recover the maximum available damages in your patent infringement claims.
Turn to CoffyLaw, LLC for Advocacy
Patent infringement litigation often involves several complexities. As the patent owner, it is your responsibility to provide substantial proof that the accused party infringed upon or violated your patent rights. Therefore, if you're considering filing a patent infringement lawsuit against another person, hiring an experienced business litigation attorney is imperative for detailed guidance and to protect your legal rights.
The attorneys at CoffyLaw, LLC guide and represent clients in their patent infringement litigations. As your legal counsel, they can evaluate and investigate every detail of your case, gather factual evidence, and help establish all the necessary elements of a patent infringement claim. Attorney Emmanuel Coffy and his legal team will fight diligently for your patent rights, help pursue deserved compensation, and seek a court injunction against further infringing actions.
No one else deserves to profit off of your intellectual property and inventions. Contact CoffyLaw, LLC today to schedule a simple case evaluation with seasoned patent infringement litigation lawyers. They can offer you the vigorous representation and reliable legal guidance you need in your case. With offices in New Jersey and New York, the firm proudly represents clients nationwide.