The validity of your patent will come into question. Count on that as fact if you decide to pursue taking legal action in order to protect your patent from infringement. If the defense is unable to weaken the validity of the patent itself, adversarial attorneys will attempt to say that your patent is unenforceable and that the “inequitable conduct” has occurred by you, your partners and your attorney. These attacks could take on a multiplicity of forms.
In other words, taking these risks for the benefit of upholding and protecting your patent means you will need to have thick skin and quite a bit of patience.
Potential Rewards For Your Patent Suit
According to this Harvard Law article, the largest judgment ever given for patent infringement litigation is $1.67 billion in the case of Centocor Ortho Biotech vs. Abbott Laboratories. Chances are, if you have legitimate cause for filing a patent infringement suit, you will be encouraged to settle out of court.
If you do follow the path of litigation all the way through, damages could be awarded in direct proportion to any lost profits. In addition, royalties could be awarded as the court deems reasonable. Lastly, litigation could lead to additional punitive award if the infringer was found to have acted in full knowledge or to have conspired to take part in the patent infringement for profitable gain. Most importantly, perhaps, the infringer may be ordered to stop future infringement.
Patent Infringement Litigation
When you do file suit for patent infringement, you need to know a few of the different types of patent infringement lawsuits that may be at play.
- Direct patent infringement
- Indirect patent infringement
- Infringement by inducement
- License disputes
- Declaratory judgments
How Shaw Cowart Patent Defense Attorneys Can Help
Having worked alongside many clients over the years in pursuit of protecting from patent infringement, the team at Shaw Cowart is uniquely positioned to walk you through the process from start to finish. We will communicate what all is at stake, setting reasonable expectations, and making sure the litigation does not exceed your financial expectations. Our ultimate goal is to see to it that your interests in that patent are totally protected.
Enlist the proven advocacy and depth of experience of Shaw Cowart. Contact our Texas patent defense lawyers today for a free initial consultation.