How to Handle Patent Infringement Disputes?
Patent infringement takes place when someone sells, utilizes, offers to sell a patented invention without the patent owner’s permission. The documentation or information of the invention may be public and accessible but cannot be used without the patent holder’s authorization. If caught, the patent holder has a right to sue, and the court will direct the infringer to halt all illegal activities emanating from the patent. In such a case, the patent holder could receive compensation money for damages caused by the use of the unauthorized license or several other settlements. However, in this generation where greed drives humankind, one may come across patent owners who are out to extort unsuspecting victims who are almost certainly not infringing. What do you when you are sued for patent infringement?
Do Not Contact The Lawyer Defending The Patent Owner
Some people will opt to contact the lawyer representing the patent owner to try and convince them that they are not infringing. It is a deliberate mistake that could get you from the frying pan into the fire. You may be right, but that won’t stop them from prevailing onwards with the case in court. Also, if you are meeting up with the attorney who represents the other party coming after you, may expose your argument by saying things that will soil your negotiation position. You could end up giving them crucial information about your business or project that they can use against you. Moreover, you may show some weaknesses like the fear that will drive you into falling into their extortion demands before even getting to the judges; which is bad for business.
Dig Into Options For Handling The Case
No one loves to get pressure when it comes to court cases. However, patent infringement isn’t one of those instances where you will keep silent and ignore the lawsuit letters and warnings. If the dispute is meritorious, you will have to lower your tools down a bit and take it seriously since your business is already in jeopardy. Immediately you are on the sue list; there is limited time in which you will need to act with speed before the issues become enormous beyond control. If you haven’t been sued yet, there are ways in which you can become offensive and attack. Some of these warnings cease depending on various tactics employed. You could talk to your attorney about these lawsuit warnings to help you come up with a tactic and act wisely upon it. Take those threatening letters seriously and act right.
Explore Your Options When the Case Is Ripe
Some law firms such as Panda patent specialize in patent infringement cases where they involve all parties in their proceedings for an agreement. These companies work closely with attorneys from both sides, clients, and other legal experts. It could be an option where you and your lawyer feel that the case could be hefty on you if taken to court. Before things escalate, a mediation process could be the right place to start. Both parties may feel the need to solve matters at hand quickly instead of taking the case to court which consumes time and more money. However, you should access all demands made by the potent to protect you from extortion or unnecessary expenses. Again don’t just pay up the patent without legal settlements and leave. Such things find their way back to cause more chaos. Have your patent attorney in every step of the way to help you tackle the bullets that may come your way in the legal world. Besides, the patent lawyer can take up the fight you handle the same business you are trying to save.
Take Your Case Single-Handedly
In some cases, you may find the same patent owner suing a massive company for the same patent you are being sued. Some will just sit back and let the big firms fight the case because the war is too large for you. Relying on other companies to fight your battle is a risky affair. In fact, one should take advantage of being the lesser company likely to have a softer plea in court. If you depend on the outcome of these big firms, you are only out for a huge disappointment. Some of these businesses fight hard while digging deep into a case without considering settlement options, that even take the case all the way to trial; which isn’t a good thing for you. Hire an attorney tailored to your unique circumstances, who will guide you through the case under wise assessments.
The last thing you need is dragging and soiling your business in dirty court affairs that may have your business going down the drain. However you choose to settle these patent infringement disputes, consider ones that will take a short time. Also, don’t forget to invest in a reasonable patent attorney who will guide through all the legal processes to avoid more disputes.