WHAT HAPPENS IF SOMEONE INFRINGES ON ANOTHER PERSON’S PATENT? THE INVENTOR WHO HOLDS THE PATENT CAN SUE IN COURT FOR DAMAGES. IF A JUDGE FINDS THAT PATENT INFRINGEMENT HAS OCCURRED, THE COURT MAY RULE THAT THE INFRINGING PARTY DISCONTINUE PRODUCTION AND SALES OF THE PRODUCT. THE COURT MAY ALSO AWARD DAMAGES TO THE PERSON WHOSE PATENT WAS INFRINGED. OFTEN THE CASES ARE SETTLED BY THE PATENT ATTORNEYS WITHOUT GOING TO TRIAL AND THE INFRINGING PARTY PAYS THE OTHER A ROYALTY FOR THE USE OF THE TECHNOLOGY.
If you are accused of infringement, or if you find someone infringing your patent, a patent attorney can help you decide how to proceed.
A patent is only valuable if it is enforceable and can withstand the rigors of litigation. Likewise, the patent professional you choose for your patent needs should have an understanding of what can happen to your patent if it ends up in court. There is no substitute for an understanding of how your patent will be challenged by an alleged infringer.
At Gearhart Law, we have many years of litigation management experience, and have learned first hand how your competitors will seek to avoid or invalidate your patent in court. This experience is invaluable in helping you to achieve the best possible protection for your invention.
For example, in the case of Wesley Jessen v. Bausch & Lomb, Richard Gearhart, Esq. was involved in every aspect of the case, including discovery, motions, trial, and appeals, and with the help of other attorneys obtained an injunction preventing Bausch & Lomb from selling it’s product for the life of the patent.