Protect Your Rights in the Event of Patent Infringement
Patent litigation and other IP litigation usually begins with a cease and desist letter. When this letter is received, it is important to take it seriously. If the requests of this letter are ignored, the court will view it as willful infringement and can impose treble damages. It is important to discuss the situation with an experienced intellectual property law attorney as soon as you are aware of the alleged infringement. We can help develop an effective strategy to protect your interests.
At the Litchney Law Firm, P.C., we use three effective strategies to resolve litigation:
- A court judgment
- Turning your opponent into your business partner
- Global strategy
Court Judgment
A court judgment is the first possible way to resolve litigation. We have the experience and knowledge necessary to assist in making certain important decisions on how to proceed. Our solutions include:
- Filing a lawsuit against the writer of the letter before the writer files a lawsuit against you. This enables you to gain control of litigation.
- Filing a Declaratory Judgment. We draft non-infringement opinion letters which can protect you from the "willful infringement damages."
- Sending an opinion letter claiming invalidity by giving reasons as to why their patent/trademark/copyright is invalid and why your product does not constitute infringement.
Turning Your Opponent into Your Business Partner
If you and your opponent both have valid patents, trademarks, or copyrights, an alternative to litigation would be to establish a cross-licensing agreement. By signing this agreement, you and your opponent could agree to license each others patents, trademarks, or copyrights.
Global Strategies
A third way to resolve conflicts is to have a global strategy. This works in concert with turning your opponent into your partner. It is possible to have a patent ruled valid in the United States, but lose the same claim/lawsuit in other parts of the world. It is important to consider the global implications of having an invalidity determination made concerning your product and whether you would be better off working out a license agreement with the alleged infringer. For example, your patent, trademark, or copyright filing date in the US may be earlier than another's filing date in the US. However, your opponent may have priority in another country, such as China.
We analyze your case and determine effective global strategies to assert your rights. While your litigation may result unfavorably in the United States, for example, the case may be resolved in your favor throughout many other countries which are more profitable than the United States.
Contact Us
Our intellectual property lawyers are adept to the many issues within copyright, patent, trademark, and trade dress law. We understand the significance of your rights and the profitability impact of infringement. We are experienced, handling intellectual property in Sacramento and throughout California. Contact our intellectual property lawyers to schedule a consultation.
Protect Your Rights in the Event of Patent Infringement
Patent litigation and other IP litigation usually begins with a cease and desist letter. When this letter is received, it is important to take it seriously. If the requests of this letter are ignored, the court will view it as willful infringement and can impose treble damages. It is important to discuss the situation with an experienced intellectual property law attorney as soon as you are aware of the alleged infringement. We can help develop an effective strategy to protect your interests.
At the Litchney Law Firm, P.C., we use three effective strategies to resolve litigation:
- A court judgment
- Turning your opponent into your business partner
- Global strategy
Court Judgment
A court judgment is the first possible way to resolve litigation. We have the experience and knowledge necessary to assist in making certain important decisions on how to proceed. Our solutions include:
- Filing a lawsuit against the writer of the letter before the writer files a lawsuit against you. This enables you to gain control of litigation.
- Filing a Declaratory Judgment. We draft non-infringement opinion letters which can protect you from the "willful infringement damages."
- Sending an opinion letter claiming invalidity by giving reasons as to why their patent/trademark/copyright is invalid and why your product does not constitute infringement.
Turning Your Opponent into Your Business Partner
If you and your opponent both have valid patents, trademarks, or copyrights, an alternative to litigation would be to establish a cross-licensing agreement. By signing this agreement, you and your opponent could agree to license each others patents, trademarks, or copyrights.
Global Strategies
A third way to resolve conflicts is to have a global strategy. This works in concert with turning your opponent into your partner. It is possible to have a patent ruled valid in the United States, but lose the same claim/lawsuit in other parts of the world. It is important to consider the global implications of having an invalidity determination made concerning your product and whether you would be better off working out a license agreement with the alleged infringer. For example, your patent, trademark, or copyright filing date in the US may be earlier than another's filing date in the US. However, your opponent may have priority in another country, such as China.
We analyze your case and determine effective global strategies to assert your rights. While your litigation may result unfavorably in the United States, for example, the case may be resolved in your favor throughout many other countries which are more profitable than the United States.
Contact Us
Our intellectual property lawyers are adept to the many issues within copyright, patent, trademark, and trade dress law. We understand the significance of your rights and the profitability impact of infringement. We are experienced, handling intellectual property in Sacramento and throughout California. Contact our intellectual property lawyers to schedule a consultation.