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Perkins Law - Brand Protection
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Our Company’s Patent is Being Infringed On—What Now?

Infringement

Patents are an important form of intellectual property (IP). Discovering that another party may be infringing on your company’s patent is frustrating. Patent rights exist to protect your innovations—and unauthorized use threatens not only your intellectual property but also your competitive edge and potential revenue. It is imperative that you take a proactive approach. Here, our Florida patent litigation attorney provides an overview of the steps that you should take if you believe that your patent is being infringed upon by another company.

Step #1: Investigate the Patent Infringement (Gather All Supporting Information) 

The first step is to remain calm and to conduct a comprehensive investigation of the suspected patent infringement. The more information that you have, the better positioned that you will be in to protect your company’s IP rights. Before taking any formal action, you and your company should conduct a thorough investigation. Among other things, it is a best practice to:

  • Review your patent(s) and compare it/them to the infringing product or process; and
  • Gather detailed evidence—such as product samples, marketing materials, technical specifications, and screenshots—that show how the other party is violating your rights.

 Step  #2: Consult With a Patent Litigation Attorney 

Patent law is complicated. Your business does not have to take on the legal process alone. Patent enforcement is often high-stakes—especially if the infringer is a competitor with legal resources. Your Florida patent lawyer will review the facts, evaluate the strength of your patent, and advise on your options under the law. Your attorney can also help assess the risk of a countersuit—such as a challenge to the validity of your patent.

 Step #3: Consider Starting With a Cease and Desist Letter 

In many cases, the first enforcement step is sending a cease and desist letter. Broadly speaking, a cease and desist is a formal notice that informs the infringer that they are violating your patent rights and demands that they stop the infringing activity. The letter should clearly identify the patent at issue, explain how it is being infringed, and set a deadline for compliance. A well-crafted letter from a Florida patent lawyer can sometimes resolve the matter.

 Step #4: Take Enforcement Action Against the Patent Infringer

If informal efforts fail, your company should be prepared to escalate the matter. .You may need to file a patent infringement lawsuit in federal court. Through litigation, companies can seek remedies such as an injunction to stop the infringement and monetary compensation. You may even be entitled to enhanced damages if the patent infringement was deemed “willful” by the court.

 Note: Patent infringement claims are time-sensitive. Though, as long as patent infringement is still occurring, that can reset the statute of limitations. However, under federal law (35 U.S.C. § 286), a plaintiff in a patent infringement case can only seek damages for the most recent six years.

Contact Our South Florida Patent Infringement Attorney Today

At Perkins Law — Brand Protection, our Florida patent infringement lawyer is a knowledgeable, experienced advocate for clients. If your company’s patent is being infringed upon, we are here to help. Call us now or contact us online for a fully confidential, no obligation initial case review. Our firm provides patent litigation representation throughout all of South Florida.

Source:

govinfo.gov/content/pkg/USCODE-2023-title35/pdf/USCODE-2023-title35-partIII-chap29-sec286.pdf

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