A patent owner may bring a patent infringement lawsuit in federal court if anyone uses his or her patented product without permission, but doing so may be a bit complicated. Oftentimes the validity of the patent is questioned and can be invalidated through the lawsuit.
In many patent infringement situations, the infringing party will attempt to show the original patent was invalid. They may try to demonstrate how the United States Patent and Trademark Office made a mistake when issuing the original patent and can get a case dismissed if able to do so.
Even though the United States government issues patents, the burden of enforcing the patent is on the patent owner.
Suits can be made more challenging when a patent is co-owned. Unless there is an agreement to allow a suit unilaterally, no single co-owner may sue an infringer for infringement with the co-owner joining the suit.
When a patent lawsuit is successful, a court can do one of two things. First it may issue a court order, preventing the other part from continuing to sell or use the patented item. At the same time, it may award damages to the patent owner.
In some cases, the court may choose a different route. It may decide the parties should work together to work out an agreement where the other party pays royalties in exchange for using the patented idea or product.
In order for a patent owner to receive damages in any action infringement, there must be proof the accused infringer had notice they were violating the owner’s patent.
If you need to enforce a patent, it is best to work with experienced business attorneys who can make sure your business interests are well protected. Call today for your free, initial consultation.