Patent/Trademark Infringement Litigation

Patent infringement is any unauthorized manufacture, sale, or use of a patented invention. Patent infringement occurs either directly or indirectly. The most common form of infringement is direct infringement, where the claims of the patent literally describe the infringing invention or the invention performs substantially the same function. The second form of patent infringement is indirect infringement, which is broken down into two types: Infringement by inducement occurs when a third party causes another person to directly infringe on a patent. Contributory infringement occurs when a party sells specially made material components, intended to be used in a patented invention, which have no other commercial use.

Copying or misusing your work product or attempting to deceive or confuse customers by trading on your valuable patent rights is also actionable. Patent infringement litigation has substantially increased in the United States in the last decade. It is not uncommon to see significant damages awarded to owners of patents for infringement by competitors. Patent infringement is a statutory wrong and is governed by federal law. There is a six year statute of limitations imposed in patent infringement cases and it is important to act promptly once you suspect infringement.

The remedies for infringement may consist of injunctive relief, damages (including treble damages for willful infringement), attorneys' fees in some cases, and court costs. Contact our office to help you protect and enforce your brand rights.

•· http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm