Patent Infringement Litigation | Patent Lawsuit
A patent is a limited monopoly granted to an individual, business or other entity by the federal government in exchange for public disclosure of the invention. A patent does not give the holder the right to practice his invention, but the right to preclude others from using, manufacturing or selling a product or service that uses the patented invention.
Litigation is a controversy or disagreement between two independent parties regarding a dispute of intellectual or physical property.
Patent litigation is when an inventor, business, or other private entity owns a patent, and that particular patent is infringed upon by an outside party. Patent litigation is usually a lengthy, drawn-out process that can cost both parties a significant amount of money.
In patent litigation cases, the plaintiff can be an individual or a business entity of any size. The defendant, more often than not, is a larger business, typically with more resources. When the case goes to court, in most scenarios, the party with the most money and resources will be the victor.
Patent litigation cases can be filed in any Federal District Court that has jurisdiction where the infringement is occurring. Patent infringement litigation can also be brought before the International Trade Commission (ITC).
In order for the plaintiff to win the litigation case, they must prove to the court that they were in fact the original inventor, and that the defendant infringed their patent. The defendant must then prove one of the following in order to win the case:
• The patent was not infringed
• The patent is unenforceable
• The patent was never valid
Read about the several possible outcomes of patent infringement cases by visiting our Patent Litigation page.
If you feel you may be a victim of patent litigation, contact one of our patent experts at IP Holdings to discuss your case.