How to Win a

PATENT INFRINGEMENT CASE

Protecting Your Intellectual Property Rights

Patent litigation carries high stakes. The average patent infringement case can cost tens of thousands or even millions of dollars and return even more to the plaintiff in damages. If you feel that an individual or organization has stolen one of your original ideas, a patent infringement case could help you regain and protect your rights. However, knowing how to handle your case properly is essential to winning it.

Assess the Situation

Before you leap headfirst into patent litigation, make sure you have a strong case. An investigation helps you and your legal team determine if your claim is strong enough, including the history of the patent, the extent of the infringement, and other factors. If your case is extensive with millions of dollars at stake, consider hiring a highly experienced professional such as a New York City, Los Angeles, or Dallas patent lawyer to handle the legal matters. After all, the infringement offenders are not going to pay out huge sums of money without putting up an aggressive fight using top attorneys to fight your claim.

Use Experts to Support your Case

A patent lawyer is well-versed in what the courts expect in these cases, but he or she isn't likely to know about the technology behind your patent. Ask your company's scientists, engineers, or other professionals to provide facts and testify if necessary. This will ensure you have the best chance of winning your case. However, consider which experts you should ask to assist you. Remember, a renowned scientist in your company may not be known outside of your business and might not be recognized as an independent, unbiased witness. If possible, hire an expert who has a reputation in your industry.

Stay Involved in Your Case

Whether you're busy running your business or you are feeling unsure about the complexities of patent laws, you may feel tempted to refer to your counsel for every small decision. However, this can greatly affect the outcome and cost of your case. Make sure you are present for key meetings to add your input regarding major decisions related to your case. If you cannot attend every meeting yourself because of other obligations, assigning a point-person to act on your behalf is acceptable as well, providing this person knows everything pertaining to your claim and can interact professionally with your attorney.

Protecting your Patents

You work hard on your ideas, and you don't deserve to take a backseat if someone else tries to capitalize on them. If you have proof to back up your patent infringement case, you probably have an excellent chance at winning. It’s always better to take proactive measures to protect your patented ideas before something happens. By thoroughly monitoring your industry on a regular basis you can catch patent violators early and put them out of business.

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