Disclaimer: the material presented in the article below should only be considered as a general overview regarding property litigation. Should you, or anyone you know, find yourself in a property litigation, it’s best that you speak to an attorney immediately. They can help you decide on what the best legal actions are to take.
Patent infringement is defined as using a patented invention that’s already covered by a claim of a patent without the patent owner’s knowledge or permission. Intellectual property infringement is considered as theft. Intellectual property is what makes your business stand out from your competitors, and making you more valuable than others. This is why most companies are very protective of their intellectual properties, resulting in most intellectual property owners becoming more quarrelsome. Gladly, patent trolls can no longer enforce you suspicious patent rights, especially if you’re not infringing. You can legally deal with false intellectual property litigation.
- Hiring an Attorney
- Patent Litigation Lawyer
If you’re going to hire a lawyer to defend you, hire an infringement litigation defense lawyer. Your lawyer should also have an experience in dealing with infringement litigation cases under your industry.
- Retainer Agreement
Before you start working with and paying your lawyer, make sure that you sign a written agreement. Make sure that the agreement reflects what you and your lawyer have agreed upon. And if you’ve read something that you don’t agree with, speak up.
- Information About The Lawsuit
The complainant will most likely send you a demand letter, and if they do, make sure to respond immediately. Tell the complainant that you need a reasonable period to investigate the lawsuit. You also need to inform your lawyer of the complete detail of the lawsuit, so they can give you appropriate advice.
- Responding to the Lawsuit
- The Complaint
The court documents that all factual allegations against you, will include all the claims of the complainant. You need to get a copy of these documents, so you can understand what the allegations are about.
- Possible Defenses
You need to develop an argument that will challenge the validity of the complainant’s patent. Ask your lawyer about what different angles you can take. You should remember that the stronger your arguments will be, the better your chance of winning are.
- Your Answer
In most cases, you’re given 21 days from the date that you got served with the complaint to file your response to the lawsuit. You need to answer on or before the 21 days end, or the complainant would win by default. Your best option is to deny all the allegations.
- Motion to Dismiss
The fastest way to get rid of the lawsuit is to convince the judge to dismiss the case. You can file the motion to dismiss together with your answer, or after you’ve submitted your response. You can claim that the allegations don’t add up to a patent infringement, or argue that the complainant’s patent isn’t valid.
- Your Documents
All the documents you’ve gathered must also be given to the complainant. Usually, a U.S marshal hand delivers the papers, and at other times, your lawyer carries it for you.
- Hearing On Your Motion
Even if you’re not directly participating in the hearing of your motion, you still need to attend it. There’ll be a tendency that you’ll need to testify, especially if the complaint is substantial.
If your motion is denied, then the litigation will proceed.
- Negotiating the Settlement
- Private Settlement
If your motion to dismiss is denied, you’d need to offer a settlement to the complainant. At this point, you can often lower the complainant’s demand. However, if they refuse or ask for a more significant amount, it would be up to you if you want to take a different approach.
- Financial Appraisal
You need to determine how much your complaint would want for settlement, and if you can handle to pay for it. You need to figure out how much you can offer as a settlement, and if you’re able to create a full financial range.
- Mediation
You need to get a neutral third party to help to negotiate a resolution to the dispute if the complainant doesn’t agree with your terms. Mediation will give you chances to come up with solutions to the conflict.
- Settlement in Writing
If the dispute has been solved and the complainant agrees to settle things, you need to put it in writing. And before you sign the agreement, make sure your lawyer explains it to you. Having the settlement in a paper will assure you that if the complainant doesn’t follow through on their end, you can file a lawsuit against them.
Learning how to avoid or fight off an intellectual property litigation is crucial to an inventor or a business owner. It’s best that you spend time and money to prevent a lawsuit rather than trying to defend yourself from it. It’s never too late to make the necessary steps to prevent getting sued for patent infringement.
Ethel Phipps is a passionate law writer. She writes pieces on various law topics that she hopes could help the common reader with their concerns. She is forever a creative spirit. She always expresses herself with creative pieces such as fiction whenever she has the time.
