When a company believes that its patent has been infringed upon, they have the option to file a lawsuit.
This process can be difficult and complex, so it’s important to understand what happens during a patent infringement case. In this article, we will discuss the different stages of a patent infringement case and what you can expect from each one.
Phase #1: Contacting a Patent Lawyer
The first step in pursuing a patent infringement case is to contact a patent lawyer. They will be able to assess your case and determine whether or not you have a valid claim.
There are many different factors that go into this decision, including the strength of your patent and whether or not the other party has a valid defense.
If your lawyer decides that you have a strong case, they will likely recommend moving forward with the next steps.
Phase #2: Sending a Cease-and-Desist Letter
The next step in the process is to send a cease-and-desist letter to the infringing party. This letter will outline your claims and give them a chance to stop their infringing activities.
If they do not comply with your demands, you will be able to move forward with the next steps in the process.
Phase #3: Filing a Lawsuit
If the other party does not comply with your cease-and-desist letter, at this point you will have no choice but to file a lawsuit. This can be a lengthy and expensive process, so it’s important to be sure that you are working with an experienced patent attorney.
Your lawyer will handle most of the details of the lawsuit, but it’s important to understand what’s happening during this process.
Phase #4: The Trial
If your case goes to trial, it will be up to a judge or jury to decide whether or not the other party is guilty of infringement. This can be a long and complicated process, so it’s important to have a good understanding of the law before moving forward.
After the trial, the judge will issue a verdict and determine what damages, if any, the infringing party will have to pay.
This is just a brief overview of what happens during a patent infringement case. If you believe that your patent has been infringed upon, it’s imperative to contact a patent lawyer as soon as possible. They will be able to assess your case and help you understand your options.
The Best Course of Action May Be Negotiation
If you have experienced patent infringement, it is best to consult with a patent attorney as soon as possible before taking any action. Many times, the issue can be resolved through negotiation without the need for a formal lawsuit.
In some cases, it may be possible to reach a royalty agreement or licensing deal with the patent owner. This can often be done without going to court, which can save time and money.
Have Questions About Securing a Patent or Protecting Your Current Patent? Take Action by Contacting a Patent Attorney in Los Angeles Today
If you have a registered patent that you suspect is being infringed, one of the most important things you can do is take proactive steps to assess your legal options and determine what can be done to protect your patent. Thus, it is in your best interest to retain the services of a reputable patent in attorney Los Angeles such as the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more