We help entrepreneurs and businesses defend against allegations of patent infringement. If you received a cease and desist letter, then call us to help you understand the next steps so that you do not give up your rights.
The first step in defending against any allegation of patent infringement is to determine the scope of patent protection and whether the patent is broad enough to cover your product. To do this, we study the prosecution history of the patent. We review the patent, the file history of the patent, any related patents and their claims. We then hold a conference with you where we cover the weaknesses and strengths of your case. We then recommend a next steps plan of action.
The possible next steps may be to:
- Redesign your product to avoid patent infringement liability
- Negotiate a settlement with the patent owner
- File a petition to invalidate the asserted patent before the USPTO through a post grant proceeding (e.g., Inter Partes Review or Post Grant Review)
- Research the prior art to find new references to invalidate the patent
- Deplete inventory of potentially infringing products
The goal of our patent defense services is to assess the merit of the case. If the allegations of infringement are strong, then our goal is to mitigate your loss and to ensure that you can continue to effectively compete with the patent owner. If the infringement case is weak, then we need to forcefully respond to the patent owner.