Patent Litigation
Los Angeles Patent Litigation Lawyer
As a business owner, entrepreneur, or inventor, protecting your intellectual property is of the utmost importance, as your ideas may be your most valuable asset. Patents are one way to protect your IP, but, unfortunately, they are not always honored. Patented ideas are regularly misappropriated by other parties, often resulting in significant financial harm to the rightful owner of the patent. Fortunately, the Omni Legal Group is here to help.
If it has come to your attention that someone has misappropriated your intellectual property, the Omni Legal Group is here to help. Our skilled team of patent litigation lawyers in Los Angeles are qualified to handle patent disputes in a wide variety of industries and are dedicated to helping our clients enforce their legal rights. To schedule a consultation with a member of our team, contact our office today.
Patent Litigation Basics
What is a Patent?
A patent is a form of intellectual property protection that gives an inventor the exclusive right to make, sell, or use an invention for a set period of time. In the United States, patents are granted by the United States Patent and Trademark Office (USPTO). In order to qualify for a patent, an invention must be:
- A process, article of manufacture, composition, or machine
- Novel
- Useful
- Non-obvious
Utility patents, which are the most common types of patents granted, protect machines, processes, compositions, and manufactured goods. Design patents are available to project new, original, and ornamental designs for an article of manufacture. Finally, plant patents are available for people who invent or discovers and asexually reproduces a distinct and new variety of plant.
What is Patent Infringement?
Patent infringement occurs when someone uses, makes, or sells a patented invention without the permission of the patent holder. In addition, patent law prohibits others from importing patented inventions into the United States without the permission of the patent holder.
Patent Litigation Lawsuits
If you think that your patent is being infringed upon, the first thing to do is contact an experienced patent litigation attorney to enforce your rights. In cases where there are not yet significant damages, the first step in enforcing your rights may be simply sending the infringing person or business a cease and desist letter. In the event that the other party fails to stop the infringing conduct or denies infringement, the next step may be filing a patent infringement claim in federal court.
If your case gets to this point, there are certain steps that will likely occur:
Discovery
Discovery is an essential step in a patent infringement case. The discovery process allows the parties to litigation to seek and compel the production of information from one another. Examples of the information you can seek include internal business communications, financial records, filings to regulatory agencies, and product samples. Some of the techniques used in the discovery phase include requesting documents, interrogatories, requests for admission, and depositions.
Negotiation
Negotiation to settle a patent infringement dispute usually occurs throughout the entire process. Typically, the parties to the dispute present evidence in support of their positions to one another in an informal way and try to work out an agreement that both find acceptable. Negotiation is often facilitated by the information that is uncovered during the discovery process.
Trial
If you are unable to come to an out-of-court agreement, your case will likely proceed to trial. At trial, your attorney will present your case to a judge or a jury, and the other party will present its defense. Ultimately, the judge or jury will determine whether the alleged conduct amounted to patent infringement and, if so, award damages.
Damages in Patent Infringement Cases
United States trademark law allows parties alleging patent infringement to seek several forms of relief. These include:
Injunctive Relief
In many patent infringement cases, plaintiffs seek injunctive relief in the form of a court order preventing the infringing party from using the patent in the future. Importantly, plaintiffs can seek injunctive relief even in cases in which the six-year time limit to seek damages has expired.
Lost Profits
Plaintiffs who either manufacture or sell products protected by a patent can also seek lost profits in patent infringement cases. In order to recover them, they need to show that they lost sales due to the infringement. Importantly, plaintiffs can also seek damages for future lost profits and injury to their reputation as a result of the infringement.
Royalties
Plaintiffs in patent infringement cases can also seek reasonable royalties if they are able to prove lost profits. The parties to the litigation can provide evidence of what royalties would be reasonable in the form of expert testimony regarding what licensing fees would have been appropriate.
Enhanced Damages
Importantly, you may be able to seek enhanced damages if you can show that the infringement was willful. Willfulness can often be established through the documentation and testimony gathered during discovery.
Do You Need a Los Angeles Patent Litigation Attorney?
If you think that someone else is infringing on your patent, it’s highly advisable that you retain a lawyer as soon as you can. Patent litigation is a highly complex area of law, and the outcome of a case can have a significant impact on your intellectual property rights and your ability to profit from your invention. Retaining an experienced patent litigation attorney will maximize your chances of obtaining a favorable outcome and recovering compensation for your losses.
Call Us Today to Speak with a Patent Litigation Attorney in Los Angeles
If you are involved in a patent dispute or believe that one may be on the horizon, you should contact an experienced patent attorney as soon as you can. Omid Khalifeh, the founder of Omni Legal Group, is an experienced lawyer who knows how to protect his clients’ intellectual property and works with clients throughout the Los Angeles area, including the communities of Beverly Hills and Santa Monica. To schedule a consultation, call the Omni Legal Group today at 855.433.2226 or send us an email through our online contact form.
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