Intellectual Property
Intellectual property is often a business or person’s most valuable asset. As such, it requires experienced counsel to ensure that others do not infringe or encroach upon your valuable intellectual property. The intellectual property attorneys at Fineberg Gresham represent businesses and individuals in a wide range of technology-based disputes, including patent infringement and trademark infringement actions, as well as other technology-related issues.
Our firm provides experience and talent in litigating patent infringement suits. Our lawyers have been recognized as leading trial lawyers who have a proven record of winning some of the more complex and sophisticated cases throughout the United States. The intellectual property lawyers at Fineberg Gresham are committed to helping our clients maximize the strength of their technology-based business.
Patent infringement occurs when a party is making, using, or selling an invention or idea that is patent protected. The owner of the patented invention may bring a patent infringement suit against this party. Typically the patent owner will send a cease and desist letter, which will describe the patent and the alleged infringing product. Either party may demand a jury trial or the case can be tried before a judge if both parties waive their rights to a jury. Patent litigation is quite complex and includes an extensive discovery phase where depositions of the inventor, engineering personnel, and expert witnesses are taken. At some point, a Markman hearing must be held for the judge to determine the proper claims in the case.
The plaintiff must prove infringement either by showing literal infringement, which means that the infringing product is exactly the same as the patented product or by proving infringement under the doctrine of equivalents. Under the doctrine of equivalents, if the accused device or method - though not identical to the one defined by the claims - is sufficiently similar, then courts will consider it infringing because it is equivalent to the claimed invention. The plaintiff must also show that the patent is valid.
Upon proving patent infringement, the plaintiff is entitled to damages to recover lost profits caused by the infringement. If the defendant is found guilty of willful infringement, the court is authorized to award treble damages.
Nearly 3,000 patent infringement lawsuits are filed each year and infringement awards have reached as high as $500 million. It is not uncommon to see significant damages awarded to owners of patents for infringement by competitors. The amount of patent infringement litigation has substantially increased over the last decade.
Some popular areas of patent infringement include:
- Electrical & Electronic Equipment and Circuits
- Mechanical and Optics
- Medical Products
- Software and Computer Equipment
- Biotechnology, Pharmaceuticals, and Chemicals
If you feel that you or your business has been the victim of a patent infringement and would like to discuss your claims, please contact an intellectual property attorney at Fineberg Gresham.