If you own a patent, you have the legal right to exclude others from making, using, selling, or offering to sell your invention. To enforce a patent against a competitor, the following elements need to be shown: (1) that you own a valid patent; (2) that the alleged infringer has engaged in an act of infringement; and (3) that the infringing product or process incorporates all the distinguishing features of at least one independent claim. Under the Patent Act,
there are different kinds of patent infringement: (1) direct infringement; (2) indirect infringement; (3) induced infringement; or (4) contributory infringement. In a patent infringement lawsuit, you may be able to obtain injunctive relief, recover monetary damages, including a reasonably royalty, and, in exceptional cases, attorney’s fees.
It is important to perform a pre-suit investigation before filing a patent infringement
lawsuit. Failure to do so can expose the plaintiff to attorney’s fees. It is important to hire an intellectual property attorney experienced in patent infringement cases such as Erica W. Stump to analyze your case. The team at the law firm of Erica W. Stump, P.A. has experience litigating patent infringement cases under the Patent Act.