Patent Infringement attorneys

What is patent infringement?

Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without permission from the patent owner. This applies to any invention covered by the valid claims of an issued patent during the patent's term, typically 20 years from the filing date for utility patents.

Patent infringement can take several forms:

• Direct infringement: When someone directly performs all the elements of a patented invention
• Induced infringement: When someone encourages or aids another person to infringe a patent
• Contributory infringement: When someone supplies a component especially made for use in a patented invention
• Literal infringement: When an activity exactly matches the patent claims
• Infringement under the doctrine of equivalents: When an activity performs substantially the same function in substantially the same way to achieve substantially the same result

Determining infringement requires a detailed comparison between the patent claims and the potentially infringing product or process. This analysis often involves complex technical and legal considerations that require professional judgment.

Do you need an attorney for patent infringement?

Whether you're a patent owner whose rights have been violated or you've been accused of infringing someone else's patent, working with an attorney who focuses on patent litigation is strongly recommended. Patent infringement matters involve intricate legal analyses and technical evaluations that require professional evaluation.

A patent attorney can:

• Analyze whether infringement has occurred
• Evaluate the validity of the patent in question
• Develop strategies for enforcement or defense
• Assess potential damages or licensing options
• Represent you in negotiations, cease and desist communications, or litigation
• Conduct due diligence on the opposing party's position

Patent infringement cases often involve significant financial stakes - both in potential damages for infringement and in legal costs to pursue or defend against claims. Working with an experienced attorney helps protect your interests and develop the most effective approach for your specific situation.

When should you hire a patent attorney for infringement issues?

The timing of consulting with a patent attorney depends on whether you're the patent owner or the party facing potential infringement claims.

For patent owners who believe their patent is being infringed:

• As soon as you become aware of potential infringement
• Before contacting the potential infringer
• Before discussing licensing possibilities
• When planning your product enforcement strategy

For those who have received infringement allegations:

• Immediately upon receiving a cease and desist letter or infringement notice
• When served with a patent infringement lawsuit
• When conducting product clearance before launching a new product
• When a competitor obtains a patent in your field

Early consultation with a patent attorney often leads to more strategic decisions and potentially less costly resolutions, whether you're asserting your rights or defending against claims.

Benefits of working with a patent attorney on infringement matters

Patent infringement situations require careful navigation of complex legal and technical issues. An experienced patent attorney provides crucial knowledge throughout this process.

Thorough infringement analysis

Determining whether infringement has occurred requires a detailed analysis of patent claims and comparison with the allegedly infringing product or process. Your patent attorney will conduct this analysis to assess the strength of an infringement claim or defense. They'll examine the patent's file history, evaluate potential claim construction issues, and identify the most relevant arguments for your position.

Strategic enforcement or defense planning

Based on the infringement analysis, your attorney will help develop the most appropriate strategy for your situation. This might include sending or responding to cease and desist letters, negotiating a license agreement, preparing for litigation, or exploring options like inter partes review (IPR) to challenge patent validity. They'll help you understand the potential costs, timelines, and outcomes of different approaches.

Skilled negotiation and representation

Patent disputes are often resolved through negotiation rather than proceeding to trial. Your attorney will represent your interests in these negotiations, working to achieve the most favorable resolution possible. If litigation becomes necessary, they'll provide skilled representation throughout the court process, from filing or responding to complaints through discovery, claim construction, and trial.

How much does patent infringement legal assistance cost?

The cost of patent infringement legal assistance varies widely depending on the complexity of the patent, the extent of the potential infringement, and the approach needed to resolve the matter. At Lawhive, we believe in transparent pricing with no hidden costs. You'll know exactly what you're paying for at each step of the way. We work to provide cost-effective solutions that align with the value at stake in your infringement matter.

How long does the process take?

The timeline for resolving patent infringement matters varies significantly based on the approach taken:

• Initial assessment: Typically 2-4 weeks to analyze the patent, the potentially infringing product/process, and develop an initial strategy
• Pre-litigation resolution: Negotiations following cease and desist letters may take 1-6 months
• Patent litigation: If a case proceeds to trial, it typically takes 2-3 years from filing to verdict, though this varies by jurisdiction
• Post-trial proceedings: Appeals can extend the timeline by an additional 1-2 years

The recent establishment of the Patent Trial and Appeal Board (PTAB) has created additional venues for challenging patent validity through proceedings like Inter Partes Review (IPR), which typically reach a decision within 12-18 months of institution.

Your attorney will provide a more specific timeline based on your particular situation and the venues involved.

What you can expect from a Lawhive attorney

From day one, your Lawhive patent attorney is here to help you navigate complex infringement matters with clarity and strategic focus. You'll speak with our experienced team right away so we can understand your situation and what assistance you need. Then you'll get a clear idea of the costs and what you can expect to pay.

We work with vetted patent attorneys who have both the technical knowledge to understand the inventions involved and litigation experience to effectively assert or defend patent rights. They'll take the time to understand your business objectives, explain your options in plain English, and guide you through every step of the process - from initial infringement analysis through resolution.

With Lawhive, you get professional legal help that's responsive, straightforward, and focused on what matters most: effectively resolving patent infringement issues while protecting your business interests and innovation investments.

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