Our patent defense services 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. Call Orange County patent attorney James Yang at 949-433-0900 to book a consultation.
What are the steps in defending against patent infringement?
Our 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. If possible, we help you to avoid patent infringement with a design around. 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. At that time, we recommend a next steps plan of action.
The possible next steps may be to:
- Design around the patent 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
What are the goals in defending against patent infringement?
The goal of our patent defense services is to assess the merit of the case to lay down a solid strategy to avoid infringement and liability. 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.
Working with Clients Throughout Orange County & Beyond
Because we are located in Irvine, many of our patent-defense clients live or work in Orange County communities like Mission Viejo, Aliso Viejo, and Santa Ana. But we also work with clients in surrounding areas, like the San Gabriel Valley, Los Angeles County, and elsewhere in Southern California.