How Do You Fight Against Patent Infringement?

By: tpladmin

Being sued for patent infringement is more common than you may think it is. The number of lawsuits filed against patent developers has been rising steadily year after year. Some of these lawsuits are hardly genuine. Some lawsuits are filed simply to intimidate an inventor into paying a sum of money to settle under false pretenses. In other cases, these lawsuits are filed simply to stop the inventor from proceeding with their invention work. Of course, there are cases that are genuine, but one can never be sure without unraveling the facts. How does one go about fighting against patent infringement? Here’s a line of defense you should consider. Needless to say, you should consider having a patent lawyer to represent you.

Motion to Dismiss

The first course of action is to question the validity of the claim of infringement. This is an easy way to filter out those claims that are unsubstantiated. This line of defence will first seek to disprove the validity of the patent infringement claim by highlighting its failure in complying with the conditions set forth in the Patent Act and Patent Rules. This is the course of action preferred by most patent lawyers.

Invalidity Contentions

One only needs a defense against a patent infringement lawsuit if the ‘patent’ is a valid one. This line of defense involves disproving the existence of the patent by challenging it under invalidity contentions. One could disprove the patent by challenging its obviousness or its indefiniteness. This is another way to filter out the ‘patent trolls’ from the genuine ones.

Infringement Contention

The next step involves raising valid objections to the claims made by the plaintiff. The plaintiff responds by defending each of the claims they make with adequate specificity to the code prescribed by the legal framework within which the entity operates. If the plaintiff fails to defend their position, then there’s enough reason for the judge to strike off the allegations. This line of action represents a counterattack to their attack.

Now, let us assume the infringement has substance and that the plaintiffs’ line of attack has merit, what then? Under such circumstances, you are at an increased risk of suffering major damage. There are several things to consider when you’re faced with a situation like that. For instance, what are the chances of winning the case? What are the costs associated with a loss? What is the commercial scope of the invention?

Contact a patent lawyer to address these important questions as these answers are important in how you choose to move forward. Other options for dealing with a potential infringement issue are also available and may include entering into a licence. It’s always important to remember not all patent infringement lawsuits have substance. It’s imperative that you don’t succumb to the pressure exerted by the weight of a legal notice and rationally approach the situation with the support of able legal representation.

Source >> http://trademarkspatentslawyer.com/fight-against-patent-infringement/