Patent infringement occurs when a person or company sells, offers, or utilizes a patented invention without the patent owner’s permission. While the invention’s information may be publicly accessible, it cannot be used without the patent holder’s approval. If this happens, the patent owner has the right to pursue legal action against anyone who infringes on the patent. Doing so may result in monetary compensation for any damages or losses caused by the use of the unauthorized license and even other settlements.
However, some people, unfortunately, make a living off of patent infringement cases. They will try to extort innocent people out of money, even though they are not infringing on the patent. So, if you find yourself being sued for patent infringement, read on to learn about how you can protect yourself and fight it.
Do Not Contact the Patent Owner’s Lawyer
While some people may contact the other party’s lawyer to try to convince them they are not infringing on the patent, you risk ruining your case before it begins. Even if you may be right and innocent, you must remember that this lawyer is hired to come after you. So, it is in your best interest to avoid accidentally making statements and giving critical information that can work against you.
Research the Methods of Handling the Case
Unfortunately, patent infringement cases can get serious very quickly. If you are being sued, you have a limited amount of time to get your affairs in order, and you may not know how to best protect yourself. So, you should consider consulting an attorney to help you strategize your way out of the lawsuit. Do not take the letters and warnings lightly. Instead, be proactive and find the best way out of the legal mess.
Protect Yourself Before It’s Too Late
Some law firms specialize in patent infringement cases and can even involve all parties to come to an agreement. These law firms can work with both attorneys, legal experts, and the clients to avoid taking the issue to court, saving both sides lots of money and time. It is important to consider a mediation process before things escalate and spiral out of your or your attorney’s control.
If you decide to mediate the conflict and avoid court, do not offer to pay the patent without considering settlements. Discuss your options with a patent attorney to ensure you are protected from extortion and unnecessary fees and expenses.
Do Not Rely on Other Companies to Fight Your Battle
If you notice that the patent owner suing you is also suing a more prominent company, do not assume that the bigger company will fight the case for you. Instead, take advantage of the fact that you are more likely to have a gentler plea. Bigger companies will often dig deep, spend lots of money, and take the issue to court. As a small business owner, you will most likely not have the resources to do the same. So, the best way to go about this is to hire a qualified and experienced patent attorney that understands your position. This way, they can conjure up settlement plans that bigger companies often overlook.
Stanzione & Associates, PLLC is an intellectual property law firm with over 30 years of experience protecting corporate entities, start-ups, and individual inventors. Stanzione & Associates, PLLC stands above other Intellectual Property law firms because of Mr. Stanzione’s extensive experience working at the United States Patent and Trademark Office (USPTO) as a supervisory level patent examiner. At Stanzione & Associates, PLLC, we have the insight and long-term relationships with the USPTO to work well with patent examiners to achieve quality patents.