Patent Litigation Attorney, Patent Litigation Lawyer

Patent infringement is simply the unauthorized use of an inventor's property. Once an inventor obtains a patent from the Patent and Trademark Office (PTO), the inventor has a property interest that can be protected in a federal court. Anyone who uses the idea protected by that patent without permission is breaking the law and can be held accountable for profits or a fair royalty for use of the idea. Because patents are regulated by the federal government, any lawsuits must be filed in a federal court.

Types of Patent Infringement

The various types of patent infringement include direct infringement, indirect infringement, contributory infringement, and literal infringement. Direct infringement is when the manufacturing of a product occurs without expressly stated permission. Indirect infringement is when a person induces infringement by persuading another to infringe on a patent. Contributory infringement occurs when a party supplies a part or piece to another company participating in direct infringement. Literal infringement exists when there is a direct correspondence between what the patent says and what is being produced.

Commencement of a patent infringement case begins with serving notice to the infringing party by way of a cease-and-desist letter. The alternative is filing a complaint with a federal court alleging patent infringement. It is the plaintiff's burden to show that the defendant's "accused device" literally infringes on the claims set out in the patent, or infringes through what is known as the doctrine of equivalents.

The lawyers of Williams Kherkher conduct contingency based patent litigation. This ensures that even those that cannot afford the costly experts necessary for investigating a patent infringement case can still be represented and have their day in court.