We help patent owners with the patent enforcement activities. We prepare and send out cease and desist letters and vigorously pursue instances of patent infringement. We take a forceful stance against infringers. However, we take a practical approach based on the benefits of patent enforcement in comparison to the costs (i.e., patent attorney fees) of patent enforcement. Our goal is to help you understand the costs of enforcement and the difficulties of enforcing your patent in comparison to the benefits of successful patent enforcement against competitors who infringe on your patent.
Patent enforcement can be divided into pre-litigation activities and litigation activities. Pre-litigation activities are all activities before a complaint of patent infringement is filed in a federal court. Litigation activities are all activities in preparation of the complaint and seeking a judgment against an infringer in court.
Pre-litigation Activities
As part of the pre-litigation activities, we offer an initial consultation. We discuss the upsides and downsides of patent enforcement. The upside being a monetary settlement, stopping competition for your product and a negotiated license. The downside being the time and expense of patent enforcement without any guarantee of recouping the expenses for legal representation.
Before a cease and desist letter is sent out to an infringer, we investigate whether the alleged device is infringing on your patent. To do so, we compare the alleged infringing device to the claims of the patent. The bottom line is that must assessment whether we are right on the facts and the law before engaging the alleged infringer. If the patent is being infringed, then a cease and desist letter may be prepared and sent to the alleged infringer. If not, then we advise you of the reasons that the alleged infringing device is not infringing on your patent and your options.
The goal of pre-litigation activities is to:
- stop the infringement;
- receive monetary compensation; and/or
- enter into a negotiated license.
Litigation Activities
If pre-litigation activities are not successful, then a complaint is prepared and filed with a federal court where jurisdiction and venue are proper. The dispute between you, the patent owner and the alleged infringer must be settled in federal court. Most litigation matters do not end up in trial and a judgement. Most are settled before trial. In this regard, the goal of litigation is to put pressure on the alleged infringer to bring the parties together so that a settlement can be negotiated. If not, then the enforcement of the patent will proceed to trial.