What Is Patent Litigation?

When an individual inventor or a company is granted a patent, it means that they have the legal right to prevent others from benefitting from their hard work. Any competitor that is making or selling an infringing product may be sued by the patent holder.

Litigation is always a risky, expensive and time-consuming process. Nonetheless, it also is a critical component of protecting intellectual property rights. When two parties enter into a serious dispute, sometimes a lawsuit is the only way to settle their differences.

If you are a patent owner and you believe that your rights are being infringed by a competitor, then contact Williams IP Law to learn more about your legal rights and options.

What Is Patent Litigation?

This type of action is a lawsuit that is filed in civil, rather than criminal, court. Usually, these types of lawsuits are filed when someone who holds a patent believes that another person is using their invention without permission.

Keep in mind that litigation is not the first step in the process when infringement is suspected. It is common for a lawsuit to be filed only as a last resort after the alleged infringer absolutely refuses to acknowledge or address the concerns of the patent holder.

Most patent litigation matters only come to a lawsuit after months of back and forth between attorneys. Once a lawsuit is filed, it may be months, and most likely years, before the matter is resolved.

How Does Patent Litigation Work?

Neither party is likely to enter the patent litigation process lightly. Typically, a lawsuit only becomes necessary when both parties have dug in their proverbial heels, with both sides insisting that they are the rightful owner of the technology at issue.

Like other civil lawsuits, these matters begin with the filing of a Complaint by the plaintiff, who usually is the patent owner. Then, the defendant is required to file an Answer.

What follows is usually many months of research, depositions and discovery. It may be necessary to sift through thousands of documents, depose critical witnesses and locate experts who can help to shore up either side of the case.

Frequently, the claims in the lawsuit come down to whether or not the patent is valid. The patent owner naturally claims that their patent is valid while the attorney for the defendant must argue why the patent is invalid. This can be a complex determination that rests on detailed knowledge of technical and patent-related matters.

This is a complicated and time-consuming process. However, it’s also a critical component of any patent lawsuit. In fact, many of these lawsuits are settled at the discovery stage because some evidence or testimony comes to light that illustrates the validity of the claim of one party or the other. There may even be a mountain of evidence proving the claims of one party.

Even if such evidence never comes to light, this stage of the lawsuit can be a war of attrition. One party or the other may conclude that continuing the fight just isn’t worth their time and money. Occasionally, both parties reach this decision and come up with a settlement agreement that at least partially satisfies everyone.

Will Your Case End up in Court?

Like other civil litigation matters, most patent lawsuits never make it to their court date. If your lawsuit does go the distance, this means significantly increased expenses for both parties. However, if they are unable to reach any kind of accord before the trial begins, they are left with no other choice.

Do You Need Patent Litigation?

Whether you are an individual inventor or work for a company that owns an important patent, then it is crucial for you to protect your rights. Unfortunately, this sometimes means being faced with the decision to file a patent lawsuit.

Given that such litigation is costly, complicated and time-consuming, the representation that you choose matters. It’s essential that you seek legal counsel with the right kind of knowledge and experience to see you through the process from beginning to end.

At Williams IP Law, our legal professionals work with inventors every day. Not only do we help people and companies to obtain the intellectual property protection that they need but also we represent them when it’s time to enforce their rights.

With considerable patent litigation experience, Williams IP Law is the firm that you need when you’re concerned that your intellectual property rights have been violated.

Author: Jeff Williams

Jeff Williams is an experienced mechanical engineer and lawyer that consults closely with clients in a strait forward and clear manner.  He brings a particular set of strengths and unique perspectives to the firm.    
 Jeff received a B.S. in Mechanical Engineering from Arizona State University in 2005.  He was an engineer for a number of years at a number of large corporations before pursuing his law degree.  He graduated from Texas A&M University School of Law (formerly Texas Wesleyan University School of Law) with a J.D. in 2010.  By combining his education and prior work experience into the field of intellectual property law, Jeff has developed key skills to fully assist clients.