Someone is making, using, or selling your patented invention without permission. In the United States, patent litigation happens in federal court — state courts cannot hear patent cases — and it can both stop the infringement and recover money.
A court can order the infringer to stop, through an injunction. It can also award damages: your lost profits, or at least a reasonable royalty for the use of your invention. If the infringement was willful — the infringer knew about your patent and went ahead anyway — the court may increase damages up to three times.
Before anything is filed, gather the essentials: your patent, the infringing product or its advertising, and any evidence of sales. Dates matter, so keep records of when you first learned of the infringement.
One caution: do not fire off an accusation letter on your own. A careless letter can let the other side sue first, in a court of its choosing, asking for a ruling that your patent is invalid or not infringed. A patent litigator should shape that first contact.
Attorney Lei Jiang is a licensed patent attorney who has successfully prosecuted many patent applications before the U.S. Patent and Trademark Office, so she knows the claim language and validity issues that decide these cases.
Bottom line: if your patent is being used without permission, act promptly, preserve the evidence, and get a patent litigator involved before you confront the infringer.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This page is general information, not legal advice for a specific situation.