Patent Infringement Enforcement

Patent infringement cases are the result of a patent owner or an entity that holds the interest in a patent filed with the United States Patent and Trademark Office taking action against someone who they believe is using the patented creation without permission. Typically this means that the accused will have to defend against this claim in court. Generally speaking, there are different defenses for patent infringement:

  • Invalidating the patent by using the prior art
  • Claiming non-infringement
  • Citing prior use, first sale, inequitable conduct, patent misuse, or limitation rights

These days, all claims for patent infringement now fall under the exclusive jurisdiction of federal district courts. That means that any district court can preside over a patent infringement case as long as the personal jurisdiction and the requirements of the venue are observed throughout the process. It's also important to remember that any time during the process, both parties can request a trial by jury to solve the dispute.

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Patent cases can also be appealed, with all cases going directly to the United States Court of Appeals for the Federal Circuit in Washington, DC. At any point during this process, the patent owner can decide to stop the process and drop their suit against the party accused of patent infringement. Unfortunately, this also means that patent owners can choose to target individuals or entities that may not be able to afford to pay for a legal defense in an effort to bully them into refraining from using the idea or invention in question.

What types of patent infringement are there?

  • Direct Infringement - This occurs when someone deliberately uses, sells, manufactures, or otherwise offers to sell a patented invention in the United States. Direct infringement is also used to describe when someone imports a patented invention into the United States.
  • Contributory Infringement - This occurs when someone chooses to sell, offer to sell, or import any components or materials used for manufacturing or practicing a patent-protected process. Typically it must be proven that these components or materials are for the intended purpose of practicing a patented process, and the accused must have knowledge of and the intent to infringe upon the patent. It's also required that a third party has actually committed direct infringement with these materials or components.
  • Inducement - This occurs when someone induces or encourages someone else to participate in an action that infringes upon a patent. The defendant must have known that the acts undertaken comprise patent infringement, as simple negligence is not enough to make a case against the defendant.
  • Plaintiff Cases - Our team has sued Walmart, Lowes, Apple, NY Times, and has prevailed big law firms including Venable, Foley, Polsinelli, and Knobbe Martens. Our rates hover at about one third that of the big law firms. 

With so many things to consider in the area of patent infringement, you can't afford to overlook any details with your case. I've spent decades defending individuals and companies from patent infringement, and my knowledge and experience could help make the difference in your case. Call the Patent Law Offices of Rick Martin, P.C. today to see how we can help you with your infringement issues.

Patent Infringement Defense Attorney in Longmont and Denver, Colorado

If you’ve patented an idea or invention and need help defending it, you can’t afford to hire just any attorney. You need an experienced patent attorney that can help you defend your idea and retain the rights to how that idea is developed. If you’re an inventor, call the Patent Law Offices of Rick Martin, P.C. today to see how we can help protect your intellectual property.