Patent Infringement

For both the patent owners and the alleged infringer, a multi-level analysis is key before making or responding to any demands.

Overview

Patent infringement can mean many things. It can mean a huge payday for the patent owner. It can mean a costly lawsuit for the alleged infringer. It can mean a simple licensing deal with a reasonable royalty. Determining the size and nature of an infringement claim at the outset can save thousands of dollars and months (or years) of time.

Analysis of a patent infringement claim includes the following:

  • An infringement analysis requires a careful comparison of the patent claims to the potentially infringing product.
  • Even if the Patent & Trademark Office has granted a patent, the validity and enforcement of the patent can still be challenged and should therefore be evaluated.
  • A damages analysis can show whether an alleged infringer is facing millions of dollars in lost profits, or a much lower amount for reasonable royalties.
  • Before investing resources into an infringement battle, analyzing the defendant’s ability to pay is vitally important. A multi-million-dollar judgment against a small business with few assets is of little use.

Based upon the foregoing, a patent owner or alleged infringer can develop an appropriate strategy.

ASG Law can help businesses evaluate their patent infringement issues and develop an appropriate strategy.