Wherever technology and the law collide, chances are it’s around patent litigation. Nexio Law Firm’s award-winning intellectual property attorneys have represented represent parties on both sides of the equation -- those who need to pursue patent violations and those who need to defend patent infringement claims. We know how to “speak tech” effectively, so courts and juries fully appreciate your position. Using a thorough, methodical approach, we always strive to deliver winning results efficiently.
An inventor or the person who the inventor sold/assigned the patent to has several important rights. Thy are “negative rights” meaning that during the term of the patent, an owner has the right to exclude “others from making using, offering for sales, or selling the invention throughout the United States or importing the invention into the United States.” An owner has no obligation to do anything with those rights, but often patent owners attempt to use those rights for a financial benefit by (i) selling the patent rights (ii) licensing the patent and receive royalties (iii) file lawsuits against infringers and/or (iv) making, selling, or using a product/service covered by the patent in the pursuit of profit.
Sometimes things go wrong in these economic pursuits. Other times entities use the invention without permission or otherwise cause/enable the infringement. Whether the harm was directly or indirectly caused, patent law provides three primary ways to curb those unlawful acts including injunctions, damages, and recovery of legal fees/costs. We’ve set out the relevant statutes for reference below:
If you feel someone is illegally benefitting from your invention or you’re being unfairly targeted for marketing or selling a patented product, it’s time to call Nexio Law Firm.
While IP owners certainly have an interest in protecting their rights, in some situations patent owners may not have been entitled to patent rights or really don’t have a remedy. Amongst the more common patent infringement defenses are:
If you’re on the receiving end of a patent infringement dispute, our experienced attorneys can help. We assist clients with defenses of direct and indirect patent infringement claims.
The attorneys at Nexio Law Firm are committed to helping our clients achieve their objectives. We can be reached at (949) 478-6830 or complete the contact form below and we’ll be in touch soon.