A Step by Step Guide
If you believe another individual or company is infringing on your patent, one of the first steps to take is to compile relevant information about the type of infringement that is taking place. The relevant information should include details on how the alleged infringer is adversely impacting your business and try to conduct a general calculation of all the damages you have suffered as a result of the infringement.
- Contact an Experienced Patent Attorney
Primarily, it is in your best interest to seek the counsel of a reputable Los Angeles patent attorney as soon as possible. Omni Legal Group is recognized as one of the premier patent law firms in Los Angeles and has extensive experience filing and protecting patents on behalf of their clients. One of Omni Legal Group’s attorneys can guide you through potential steps, such as those discussed below, that may best address the wrongful conduct.
- Contact the Alleged Infringer
A next step is to try to contact the alleged infringer to make them aware of the alleged infringement. This communication should be limited to informing them of your patent rights. A date-specific deadline for their respond should also be provided. If the alleged infringer fails to respond or inadequately responds within the timeframe provided, you should escalate the matter.
- File a Complaint
With the help of your patent attorney, a litigation strategy may be formed. At the outset, a complaint may be drafted and filed in a federal district court to initiate the legal proceedings. Once filed, the complaint will need to be served to the alleged infringer. This date of service will then begin to toll the deadline by which the accused must file a response to the complaint.
- Potential Settlement
After the alleged infringer is served, there will be an opportunity to try and resolve the dispute before the case goes to trial, which is strongly encouraged by the attorneys at Omni Legal Group encourage. For example, many federal courts require the parties to engage in a pre-trial mediation or settlement conference to try and reach an amicable resolution. Having an experienced and knowledgeable patent attorney on your side can pay dividends during any dispute resolution proceeding since they can guide you through the process and help assess whether a settlement offer is reasonable or not.
If you believe your patent has been infringed, take action today by contacting the highly reputable lawyers at Omni Legal Group. Whether you hold a design patent, utility patent, or plant patent, we can help protect your rights and hold the infringing party accountable for their conduct. For further information or to schedule a consultation, please contact our office today at 310.276.6664 or visit www.OmniLegalGroup.com to learn more.