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What constitutes patent infringement?
The purpose of filing a patent is to claim ownership of your invention or process so that you can control its use. Unfortunately, in many instances, others neglect to give proper due to the patent holder and illegally use their patented materials for their own purposes.
The arguments on patent infringement can run for years and become complicated and costly affairs. Ultimately, it is up to the discretion of the jury to determine whether or not a patent has been infringed upon, based on the evidence and claims of the patent holder. In these cases, the guidance of an experienced Los Angeles patent attorney is vital to your claim.
What is patent infringement?
The unauthorized making, using, offering for sale, selling, or importing of patented inventions constitutes patent infringement. The validity of a patent infringement claim is determined by the language of the claims of the patent – if what the defendant is making does not fall within the language of the claims of the patent then the infringement claim is invalid.
Determining Patent Infringement
Your patent describes the specific details, methods and information regarding your patented materials. The approved patent file is your first resource when claiming patent infringement. If your documentation can prove that the other party is illegally using your invention or process without your express consent, you may be eligible to file a patent infringement lawsuit.
Patent Infringement Claim Procedures
If you file a lawsuit claiming patent infringement, your case will be put forth in court for judgment. You may ask the court for an injunction to cease the patent infringement and may also request damages incurred as a result of the patent infringement. Your Los Angeles patent attorney will help you assemble your patent documentation and evidence of the patent infringement.
During the trial, the defendant may raise the question of the validity of the patent, and it is ultimately the decision of the court to determine if patent infringement has occurred. After a decision in district court, there may be an appeal to the Court of Appeals for the Federal Circuit. The Supreme Court may then take the case for review.
Hiring a Los Angeles Patent Attorney
Filing a patent infringement lawsuit is no small matter. These lawsuits can involve large amounts of evidence and technical explanations, and some may last for years. For experienced representation in your patent infringement lawsuit, you will want to seek the assistance of a Los Angeles patent attorney.
The Los Angeles patent attorneys at the Adli Law Group P.C. are specialized in protecting your rights and interests as the inventor of an idea, process, or product. Our firm is equipped to assist you with your patent, trademark, or copyright needs. With clients across Los Angeles County and around the globe in China, Taiwan and Japan, we’ve helped hundreds of inventors secure their ideas. Contact us today for experienced help with securing the rights to your invention – (213) 223-2365.