WINNING YOUR TRADE SECRET LAWSUIT
Conversely, to win a patent infringement lawsuit as an accused infringer, you will need to prove that your accused device does not contain one of the elements in each asserted patent claim.
In almost every patent case, there will also be a fight about whether the patent at issue is valid.
The most common patent invalidity arguments are:
- You were not the first to invent the technology (anticipation),
- Your invention is too obvious to deserve patent protection, or
- You violated the statutory patent bars by selling or using your invention for more than one year before you filed your patent application.
Accused infringers can also seek to render your patent unenforceable by arguing you committed some sort of fraud in your dealings with the patent office (referred to as “inequitable conduct”) to obtain your patent.
Starting in September 2012, the Patent and Trademark Office (“PTO”) started to allow those accused of infringement to try and invalidate a patent by having the PTO take another look.
This procedure is referred to as an inter partes review or “IPR.” IPRs can only be based on prior art printed publications and usually take about 18 months to complete.
There are advantages and disadvantages to IPRs depending on your individual situation.’
INTELLECTUAL PROPERTY DAMAGES
The damages at issue in a patent infringement case to establish an attorney-client relationship are either: (1) lost profits, or (2) a reasonable royalty.
The particular facts of your case will determine which damage calculation method is the best one to use. If there is willful infringement, the damage award in a patent infringement case can be tripled and the law firm’s or any individual’s fees can be added on top of that. Damages in patent infringement cases are usually very high so be sure you have the right person fighting for you.
FINDING THE RIGHT PATENT LITIGATION LAWYER IN HOUSTON
Brad, a trusted Houston business litigation attorney, has recovered tens of millions of dollars for his patent owner clients, and Brad has defeated multi-million dollar claims for his clients accused of infringement.
Brad also has extensive experience dealing with IPRs filed in conjunction with district court infringement cases so you can expect him to handle both proceedings for you, instead of having to hire (and pay) multiple attorneys or firms.
When you hire Brad, you can expect aggressive and experienced legal representation without breaking the bank. Please contact our office as a form of communication in Houston today for your free initial consultation.
