About Patent Litigation
Litigation is termed as an action brought in court to enforce a particular right. When an inventor, business or other entity owns a patent, and that patent is infringed, the patent owner has the right to go for patent litigation to get his own privileges of patent.
Patent Litigation come into action when any patent infringement occurs by another party makes, uses, or sells a patented item without the permission of the patent holder. The patent holder may choose to sue the infringing party to stop his or her activities, as well as to receive compensation for the unauthorized use. Patent holders must bring infringement actions within six years from the date of infringement; if the suit is not brought in this time limit, it is time-barred, ratifying the infringement.
Several Outcomes of Patent Litigation
There are several possible outcomes to patent litigation, and the patent owner needs to be aware of them:
- Injunctive Relief: In patent litigation stratagem, we may be able to shelter an injunction ordering the patent infringer to cease production and/or sale of the infringing product or service that uses the patent.
- Exclusion Order: Another patent litigation approach, if the patent infringer is a foreign entity, and the patent owner is an “efficiently-run domestic industry,” is to take the case to the International Trade Commission (ITC), which may issue an exclusion order.
- Monetary Damages: Whether or not a permanent injunction is a selection or is obtained, a patent owner is entitled to recover damages from the infringer. If the patent owner practices the patented invention, it may be authorized to receive lost profits that it would have made from the patent.
- Negotiated Settlement: If the patent owner has a skilled and well-financed firm managing the litigation − one who will not be bullied into submission − the patent owner may be able to avoid a trial and negotiate a settlement involving a licensing arrangement under which the patent owner is paid a royalty for use of the patent.
- Mediation: A skilled patent litigation plaintiff may be able to force the defendant to agree to the use of a mediator. This process often leads to a settlement of the patent litigation, and avoids a trial and subsequent appeals of the verdict by the defendant.
Identifying Patent Litigation
LexOrbis having highly experienced and trained Litigators who are from the techno-legal background can help the clients in obtaining the comprehensive protection for their inventions in Patent Litigation. In order to help the clients the Patent Litigators at LexOrbis provide perpetual advisory services so that amusements of the client get fulfilled.