Remedies for Patent Infringement
Coming to the realization that an unauthorized user has infringed on your intellectual property is an absolute punch in the gut. After all the work and expense, one has put into developing, registering, and marketing your patent, it can be extremely frustrating to watch someone else making money off your idea.
As a patent holder, you have legal options to protect your IP. Here are some remedies you can pursue when you discover someone is infringing your rights.
Cease-and-desist Letters
The first step in many infringement situations is to have your patent attorney send a cease-and-desist letter to the person or company that’s infringing your mark.
There are two types of cease-and-desist letters. The first simply tells the infringing party to stop doing what they’re doing, or to “knock it off.” Often, this letter can be enough to scare the infringer and stop the infringement.
Patent attorneys also often send cease-and-desist letters demanding a settlement from the infringer. In exchange for receiving a settlement, the patent holder would agree not to file a patent infringement lawsuit.
Injunctions
If a cease-and-desist letter is not enough to stop the infringing activity, the next step to stop the infringement is initiating patent litigation. When a complaint is filed alleging patent infringement, they often ask the court for a temporary injunction at the outset of the case. If the judge grants the temporary injunction, the defendant must stop their infringing actions while the case is being litigated.
If a plaintiff is successful in court, part of the case disposition may include a permanent injunction. This would prevent the defendant from infringing the plaintiff’s patent again in the future.
Monetary Awards
In addition to an injunction, plaintiffs can win monetary awards in patent litigation. Patent holders can win a few different types of awards in court. The first type is “reasonable royalties,” which would be equivalent to what someone would pay to license the patent. The second type of monetary award is “lost profits.” This is the amount of money the plaintiff would have earned, but for the defendant’s infringement of the patent.
In some cases, courts will also award reasonable attorney fees to the prevailing party in patent infringement cases, if the facts of the case are “exceptional.”
Have Questions About How to Protect Your Patent? Contact the Highly Reputable Patent Lawyer in Los Angeles
If you have a patent that you suspect is being infringed, or you want to ensure proper protection, the Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.