It’s never a good day when an inventor, engineer, or business owner is accused of infringing on someone’s patent. Perhaps you did something wrong. Maybe your actions were unintentional, or maybe the infringement claim itself is bogus. Let’s dig into some of the common reasons why you may be accused of patent infringement and what to do about it.
Why am I being targeted for Patent Infringement?
There are a few reasons why you may be the target of a patent infringement lawsuit. For starters, you may legitimately be infringing on someone’s patent. You may also be sued by someone who merely thinks you infringed on their patent. You could possibly be the victim of a litigation-happy patent troll who sues first and asks questions later. It’s also possible that you didn’t actually infringe on anyone’s patent, but you’re accused of it anyway. Perhaps you sell or produce something similar, but not quite the same thing.
When could I be held liable for patent infringement?
This is where having a qualified patent attorney on your side is helpful to determine if you are actually infringing on someone’s patent or if the claim is without merit.
Remember, you’re not liable if you haven’t actually infringed on the accuser’s patent rights. You’re also not liable if the patent is expired or invalid.
On the other hand, you may have violated a patent owned by someone who litigates patent infringement as a means of income. These “non-practicing entities”, or more unflatteringly “patent trolls”, don’t actually create anything, and instead acquire patents strictly to make money through licensing agreements and by suing others for patent infringement. Since patent litigation is long and expensive, many defendants will settle, which is desirable to the patent troll because it comes at a lower cost than a court battle and any subsequent appeals.
What should I do?
The first thing you should do if you’re being sued for patent infringement is to contact a patent lawyer. You’re most likely being sued in federal court, and thus, you only have a limited time to respond after being served. Every day counts.
Our patent attorneys can help you understand why you’re being accused of patent infringement and discuss the legal options with you. A patent attorney can represent you in court and in negotiations, and, above all, they can help you prevent or avoid being sued for patent infringement in the future. We represent inventors, business owners, and engineers across the United States regarding patent infringement claims. To contact our patent lawyers, simply call 888-666-0062.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
Law Office of Jason H. Rosenblum, PLLC © 2017 All rights reserved.