Patent Infringement Litigation – Supposedly a patent has been infringed; the following action in return will be a lawsuit. Now, whenever a patent infringement lawsuit is filled, two major aspects related to its prosecution are the measure of the expense for the attorney and the duration of the process.
A patent infringement lawsuit sometime can be an imbalance of the parties strength projecting a David-versus-Goliath conformation. Generally, respondents (i.e. defendants) in patent infringement prosecution are large organizations with big assets, while offended parties in patent infringement lawsuit are regular people or independent companies with limited assets but a vice-versa situation also exist. While lawsuit requires the offended party to cover prosecution costs, for example, a deep extensive research, court columnists; video testimonies, documenting expenses and hiring expert witnesses, this can be an expensive situation ranging from dollars to millions. Knowing this, the methodology of big corporate litigants in patent lawsuit is to wear out the other party until the point of insufficient financial term surfaces or surrender and deserts its claim! Briefly, outlining the various types of parties that are involved in a lawsuit is:
- The Well-Funded Patent Owner: In situation where, the patent proprietor has a productive business with large income, the organization will engage a patent law firm at the daily or hourly charges and cover all prosecution costs. During the settlement of the lawsuit − they either come to an out-of-court settlement with the other party or they win their prosecution at trial and the aggregate of the settlement or reward belongs with the offended party.
- The Well-Funded Patent Infringer: Many patent infringers are large organizations that infringe on a protected invention during manufacturing and selling of their own products or services. In other scenarios some unwittingly or inadvertently infringe others invention, while others intentionally commit such infringement on a protected innovation believing that they can escape from it. If the patent proprietor is sufficiently confident to file a patent lawsuit, and even if they are accused for an infringement, the last settlement would be reimbursing for the utilization of the patent. In those cases, patent infringer litigants can manage the cost of world-class legal attorney, and witnesses that can undoubtedly defeat or destroy the ill-equipped and under-financed patent proprietor offended party.
- The Under-Funded Patent Infringement Plaintiff: There is equity for the patent proprietor whose patent has been infringed; however they cannot bear the expense of legal prosecution. In order to aid in those circumstances, there are few patent litigators who will work on a lawsuit on a contingency basis. That is, they will be paid a certain amount of final award or settlement rather than a settled charge or daily or hourly fees for representing the patent proprietor, on the terms that the plaintiff should cover all case costs.
- Uplifting news for Plaintiffs: Good news for the patent proprietor with constrained assets is that there are Patent Enforcement Firms for representing the patent proprietor on an absolute contingency basis and the company would cover all the prosecution costs. The firm searches and connects with a law office, witnesses and different services and coordinates the general administration of the patent lawsuit during a trial. The enforcement firm and the law office are paid from the returns of any reward or out-of-court settlement. This is the most ideal arrangement and the surest approach for patent proprietors to locate an enforcement firm who can represent them to secure equity and obtain a monetary damage for the innovation.
Since patent infringement prosecution is a dangerous venture, there is a method for significantly enhancing the odds of winning a lawsuit along with saving lots of money and time. Furthermore, Sagacious IP is the premier patent enforcement firm, and many plaintiff parties have turned towards us for a high-end-benefit result in many patent infringement cases. We at Sagacious IP enhance the customer’s odds of winning an infringement claim by providing an expert who comprehend the task and have a proven reputation of winning ideal results for the customers.
Depending upon the assessment of the patent infringement case, several outcomes are possible for a lawsuit. Initially an approach is made for the settlement to avoid the time and cost of the patent prosecution, but if the circumstances does not bend towards negotiation of a settlement, researches are conducted that is important to win the case, and master witnesses are arranged that will create the strongest conceivable case.
Generally whenever a patent is infringed, the individual or corporation pursues for a patent litigation but couple of choices other than patent prosecution also can also be sought as remedies. Despite of all the victories achieved in a lawsuit, patent suit is protracted and exceptionally costly!
There are few conceivable results to a patent infringement lawsuit, yet the best result and foremost solution – is to come to a settlement.
- Victory at Trial: It might be important to preserve a more considerable forceful position before proceeding for a trial. In any case, Sagacious IP has the capacity to come to an arranged settlement and prevent from extra expenditure of time and additional expenses of a trial for a large portion of our customers.
- Negotiated Settlement: The focus is to achieve a successful licensing arrangement on behalf of infringement lawsuit plaintiff under which the patent infringement defendant rewards a royalty to the patent proprietor, making a continuous salary stream for the customer. Additionally aim to secure retroactive installments for earlier utilization of the patent.
- Mediation: Often a middle person is required to encourage the arrangements with the offended party. A helpful tactics in a lawsuit is placing through a negotiation from strength which often results in a lucrative settlement. The offended party might have the capacity to compel the litigant to consent for utilization of a middle person. This procedure frequently prompts a settlement of the patent case, and dodges a trial and appeals of the verdict by the defendant.
- Injunctive Relief: As a component of a patent prosecution procedure, the possible remedy is to secure an injunction ordering to stop the manufacturing as well as sale of the product or service that utilizes the protected invention. While this puts an end to the unlawful utilization of the patent, it does not reward the patent proprietor for the damages. However, it does act as a pressure on the infringer that is presently denied of a pay stream from that item. In any case, it is troublesome for a non-practicing entity (that is, the patent proprietor does not produce an item that uses the patent) to acquire a permanent injunction.
- Exclusion Order: In situations where the patent infringer is a foreign entity, and the patent proprietor belong to a “productively executed domestic industry,” one can approach with its case to the International Trade Commission (ITC), which may grant an exclusion order. The permanent injunction and exclusion order are similar in nature as it precludes the patent infringer from importing the items that have utilized the protected patent into the country. Be that as it may, there is no provision for remunerating the patent proprietor for the damage. Thus, an ideal approach frequently opted along the patent prosecution is the track of ITC− in the expectation of acquiring an exclusion order and recouping money related damages.
- Monetary Damages: Irrespective of the grant or pursuit of permanent injunction, a patent proprietor is qualified for collecting monetary damages from the infringer. On the off chance that the patent proprietor utilizes / practices it protected innovation; the owner might be qualified for receiving the lost benefits that it would have produced using the patent. In any event, a patent proprietor is qualified for obtaining the royalties from the infringer for utilization of the patent. Additionally, it is the responsibility of the plaintiff to bring a consequent patent infringement activity if the litigant still advances with the infringement of the patent.
If you are still wondering about the best approach suitable for the lawsuit. It cannot be defined by merely by looking at the remedies. The appropriate response is that each inventor, little organization or any patent lawsuit offended party that does not have the fortitude to implement its patent needs a patent enforcement champion who is very much financed and experienced in patent requirement, patent licensing and patent lawsuit. Also, since Sagacious IP is the most seasoned and biggest patent requirement firm, many patent prosecutions offended parties have selected Sagacious IP services to enable them to seek after their case.