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Jeffrey S. Batoff, Esq.
Chairman, Intellectual Property Litigation Group
215-665-3064
One Penn Center, 19th Floor
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1895
Phone (215) 665-3000
Fax (215) 665-3165 |
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… one day you discover
someone practicing
YOUR invention … |
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Your patent gives you a twenty year monopoly and the sole
rights to control your invention. You may license your product
or process or even sell the patent outright. But what do you
do when one day you discover an infringer, someone practicing
YOUR invention? Your first reaction should be to consider
this a possible opportunity to increase market share or engage
in a joint venture. Often infringers are not even aware of
your patent and are willing to enter into lucrative financial
arrangements.
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… Litigation affords a number
of different remedies … in
the right case you can be
awarded lost profits … |
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But sometimes, even upon being confronted, the infringer
will continue unabated, and you will be forced to bring
a lawsuit. Litigation affords a number of different
remedies. Not only are royalties available as a measure
of damages, but in the right case you can be awarded
lost profits. If the infringement is willful, your damages
can be tripled and an award of legal fees is also available.
Sometimes, you can even get immediate injunctive relief,
instantly stopping the infringing activity.
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… You could lose the right
to bring the infringement
action in the court of your
choice … |
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However proving infringement is never easy, even when
it seems clear. You need a strategy which begins with
analyzing your chances of success and then determining
the best way to engage the infringer. If you do it
the wrong way, the infringer could sue YOU seeking
the advantage of filing in a foreign jurisdiction.
You could lose the right to bring the infringement
action in the court of your choice and could be forced
to begin expensive litigation before you are ready.
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… the infringer
will seek
to declare your patent
invalid seeking to leave
you with nothing … |
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Protecting your intellectual
property requires vigilant enforcement. What is most important
is that you not only bring your claim to maximize your
recovery, but that you defend your patent. In nearly every
patent case, the infringer will seek to declare
your patent invalid seeking to leave you with nothing.
Infringers also often mount an inequitable conduct
defense, which could result in an award of legal
fees and expenses against you and in favor of the
accused infringer. While patent litigation is the
required course to protect against infringing activity,
it must be carefully planned and implemented.
Any successful strategy will focus on enforcement
of your rights and at the same time maneuver to
defend the very patent upon which your business
is based. Our business oriented approach to litigation
means we provide strategic, cost effective business
solutions for our clients. Our team features seasoned
trial attorneys who appear in courts throughout
the United States to enforce and protect our clients' rights. Our attorneys have the technical, legal and business expertise necessary to navigate the process of enforcing a patent in almost any industry. We will work with you to develop practical solutions to any complex problem. |
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