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REMEDIES FOR PATENT INFRINGEMENT

Remedies for Patent Infringement

Coming to the realization that an unauthorized user has infringed on your intellectual property is an absolute punch in the gut. After all the work and expense, one has put into developing, registering, and marketing your patent, it can be extremely frustrating to watch someone else making money off your idea.

As a patent holder, you have legal options to protect your IP. Here are some remedies you can pursue when you discover someone is infringing your rights.

Cease-and-desist Letters

The first step in many infringement situations is to have your patent attorney send a cease-and-desist letter to the person or company that’s infringing your mark.

There are two types of cease-and-desist letters. The first simply tells the infringing party to stop doing what they’re doing, or to “knock it off.” Often, this letter can be enough to scare the infringer and stop the infringement.

Patent attorneys also often send cease-and-desist letters demanding a settlement from the infringer. In exchange for receiving a settlement, the patent holder would agree not to file a patent infringement lawsuit.

Injunctions

If a cease-and-desist letter is not enough to stop the infringing activity, the next step to stop the infringement is initiating patent litigation. When a complaint is filed alleging patent infringement, they often ask the court for a temporary injunction at the outset of the case. If the judge grants the temporary injunction, the defendant must stop their infringing actions while the case is being litigated.

If a plaintiff is successful in court, part of the case disposition may include a permanent injunction. This would prevent the defendant from infringing the plaintiff’s patent again in the future.

Monetary Awards

In addition to an injunction, plaintiffs can win monetary awards in patent litigation. Patent holders can win a few different types of awards in court. The first type is “reasonable royalties,” which would be equivalent to what someone would pay to license the patent. The second type of monetary award is “lost profits.” This is the amount of money the plaintiff would have earned, but for the defendant’s infringement of the patent.

In some cases, courts will also award reasonable attorney fees to the prevailing party in patent infringement cases, if the facts of the case are “exceptional.”

Have Questions About How to Protect Your Patent? Contact the Highly Reputable Patent Lawyer in Los Angeles

If you have a patent that you suspect is being infringed, or you want to ensure proper protection, the Omni Legal Group is here to help. 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.

Different Types of Patent Searches – an Overview

People are surprised to learn that multiple types of patent searches can be conducted, and the search selected will depend upon the search’s rationale. This article provides an overview of the different types of patent searches that can be done.

Novelty or Patentability Search

Novelty searches are conducted to determine the likelihood of getting a patent through the United States Patent and Trademark Office (USPTO). This is a vitally important search because you do not want to waste your time and resources on filing a patent application for something that is already subject to an existing patent.

Another benefit associated with this type of search is that it can often yield valuable information to the inventors, such as competitors in the same space.

You may be asking yourself, “what exactly are the steps that need to be taken to conduct a novelty search?” Well, the first step is for the inventor to clearly identify the invention and list out all the elements and key aspects that they believe are novel. Second, a comprehensive search needs to be conducted through the USPTO database for patents and publications, Google, and other databases to assess whether any of the search results involve the same elements as those described by the inventor.

Freedom to Operate Search

A Freedom to Operate (FTO) search is done to help determine whether it would be prudent to commercialize the product in view of existing patents. In other words, the FTO search determines if the inventor is free to operate and commercialize the invention without the fear of getting sued for infringement. The focus of an FTO search and opinion is on the claim portion of the existing, in-force patents, rather than the disclosure portion of the prior art as in a novelty search. As a result, FTO searches tend to be more complex and time-intensive.

The steps involved to conduct an FTO search are similar to those taken during a novelty search. Just like a novelty search, the inventor must clearly identify the invention and list out all the elements and key aspects that they believe are novel. A searcher will conduct a comprehensive search focusing only on in-force patents and published patent applications in the relevant jurisdiction. After that, your patent attorney must then review and analyze the search results, specifically by scrutinizing the independent claims of the relevant patents and researching the prosecution history of those patents. The patent attorney will then assess if there is literal infringement or equivalent infringement for the elements described by the inventor.

The objective of an FTO search is to assess whether the proposed invention infringes upon any patents found in the FTO search. If they do, the inventor can decide whether they want to stop any further efforts related to the commercialization of the proposed invention, engage in a redesign, or approach the patent holder for possible licensing negotiations.

Validity Search

Validity searches are usually conducted when there is a request by a potential defendant or a defendant in an actual patent infringement lawsuit seeking to invalidate the patentee’s patent as a defense to patent infringement. The objective is to determine whether the identified patent is valid or enforceable.

In other instances, a validity search and opinion may be used prior to purchasing or licensing certain patents to determine the strength of those patents.

**Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today**

If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced patent lawyer, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. 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.

patent attorney beverly hills

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