What is Patent Infringement?

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What is Patent Infringement?

The number of patents issued in the United States over the last decade has dramatically increased. Unfortunately, so have the number of patent infringement cases. Patents are proprietary rights that can only be granted by the federal government to inventors through the United States Patent Office.

Intellectual property is an investment, and it should be treated as such. This is why knowing which attorneys in the Tampa and St. Petersburg areas to call if you suspect your inventions are being infringed upon is so important.

If anyone makes, uses, sells, or offers to sell your invention without permission, they can likely be found guilty of patent infringement — regardless of intent. This can happen either directly or by contribution to infringement.

Determining Validity of a Case

Patents do not protect ideas; they need subject matter for filing. They enable innovation and protect investments on products and processes of inventors by both granting and protecting them exclusive rights. Infringement can cause significant loss — both personally and professionally.

Patent infringement cases are handled by the Federal District Courts. The defense will likely use one of two counterclaims for their assertions:

  • Noninfringement – meaning the defendant’s device or process does not fulfill at least one limitation of any claim in the patent; or
  • Invalidity – meaning there is lack of novelty or failure to meet all requirements of an official patent.

Plaintiffs of infringement cases can sue for compensatory damages, injunction, or enhanced damages for willful infringement. If you think you have a case of patent infringement in Tampa or St. Petersburg, it is important you seek legal assistance from a licensed and experienced patent litigation attorney as soon as possible. These are complex cases that can often be both timely and exhaustive. When you seek an attorney, they will analyze your case to determine the validity of your patent. If it is not valid, you run the risk of litigation backfiring if the defendant is awarded a declaratory judgment of patent invalidity.

If you want to proceed with your case, it is also helpful to determine ahead of time who is at fault — for example a distributor instead of their customers.

To schedule a consultation with an experienced and knowledgeable intellectual property lawyer in the Tampa or St. Petersburg area, give the offices of Larson & Larson a call today at 727-546-0660.

2016-11-09T16:48:01+00:00February 9th, 2015|Intellectual Property, Patent Infringement, Patents|