Patent Litigation

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Patents protect your inventions and works, and over 500,000 – 600,000 patent applications are submitted each year. If another party infringes on your intellectual property, a forward-thinking patent litigation lawyer from Hone Law can:

• Verify that the infringing party sold, used, imported or offered to sell an invention that infringes on your patent.
• Show that infringement exists in the defendant’s product or method.
• Demonstrate the potential or existing financial harm the infringement caused.

Call us immediately if your patent has been infringed on, you’re having a dispute over ownership or licensing, or you need to enforce your legal right over your products or designs.

What to Expect from the Patent Litigation Process

Patent litigation requires the patent holder to prove that the defendant infringed on their patent. During pre-litigation processes which may include demands and negotiations, and once you file a lawsuit, you can expect the defendant to state that your claims are invalid, which leads to:

• Discovery: The discovery process can take months or years and involves exchanging internal records. Interrogations and depositions will take place, and if one party refuses to share information, it can drag the discovery out significantly.
• Pre-trial motions: Motions occur a month before the court date, and this will be the time for your lawyer to move to strike testimony.
• Markman hearing: A hearing where the judge will try to determine your patent’s specifics. The judge will consider evidence and expert testimony at this time.
• Trial: If the litigation process reaches this point, the trial will be heard, and your lawyer will try to prove that an infringement did or did not occur.

A verdict and judgment will come next, followed by an appeal or post-trial if the defendant wants to fight the verdict. You can expect appeals to take a year or longer.

Patent Prosecution vs Patent Litigation

Patent prosecution and litigation may sound similar, but they are two very different processes.

Patent Prosecution

The process of obtaining a patent is called patent prosecution. When a patent application is filed, the United States Patent and Trademark Office (USPTO) examines it and determines whether the invention is patentable.

Patent Litigation

If a patent holder believes that another party is infringing on their patent rights, they will go through the patent litigation process. Litigation refers to the legal proceedings initiated by the patent holder (the plaintiff) to enforce their rights.

Both patent litigation and prosecution can be lengthy and complex processes, but they have several key differences.

• Parties: Prosecution involves a patent examiner and the applicant, while litigation involves the patent holder and an alleged infringer.
• Purpose: The aim of litigation is to enforce and defend the patent holder’s rights, while prosecution aims to obtain patent rights from the USPTO.
• Outcome: The outcome of prosecution is either the granting or rejection of a patent application, while litigation results in a judgment.

If you’re a patent holder and believe that another party is infringing on your rights, litigation will enforce your rights and allow you to seek damages from the infringing party.

Work With a Forward-Thinking Firm to Protect Your Patents

Patents protect your inventions and allow you to maintain a competitive advantage. If another party is unlawfully selling, using or copying your patented invention, litigation can help you:

• Put an end to the infringement
• Protect your patents and reputation
• Recover damages related to the infringement

Patent law requires specialized knowledge and experience, so partnering with the right patent litigation lawyer is crucial.

At Hone Law, we take an innovative and winning approach to complex litigation. After reviewing your case, our forward-thinking firm will tailor a strategy to enforce and protect your patent.

To learn more about how our experienced and diverse team can assist you, contact us today.