Patent Litigation Attorney

Seeking Legal Assistance

If you are a patent holder and suspect that your patent is being violated, you should speak with a patent litigation attorney. The earlier in the process of filing a claim you have a patent litigation attorney advise you, the more efficient you will be. Understand that it is a costly and time-consuming process to file a patent claim, which means that legal counsel will benefit you in the long run. Do not hesitate to contact a patent litigation attorney from Williams Kherkher. We have a team of attorneys in this area of law and the skill set needed to help you with your patent infringement.

Patent Infringements

As a patent holder, it is your burden to prove to the court and maybe a jury, that your patent has been violated. Since this is the case, you should understand that there are three types of infringements. The following is an explanation of each.

Direct Infringement

Direct infringement is when the infringer has created or sold the item in question. It can also mean that the accused has created something very similar to the item in question. It does not have to be an exact replica. This prevents potential infringers creating the same product and only slightly changing it from its original.

When alleging direct infringement, the patent holder along with the accused infringer must submit an explanation of what the claim includes, describing the patent as well as any necessary history. The next step includes a judge or jury that will compare this detailed claim against the actual patent and determine if there is indeed any infringement.

Contributory Infringement

In this case the patent holder has to prove that the accused infringer knowingly sold or used material that is an integral part of the item in question. The exception is when the material that was sold or used is a part that can be used for other purposes and was not made specific for the same use of the item in question.

Inducement of Infringement

In accusing inducement infringement, the patent holder has to prove that the infringer actually persuaded another person or entity to directly violate the patent.

As you can see, proving that your patent has actually been violated can be quite a challenge. Yet, once you have spoken to a patent litigation attorney, you may find that you have enough proof to verify that the accused did infringe on your patent. Until you have spoken to a legal counsel, you will not know the answer to this. Contact an attorney at Williams Kherkher today.