Patent Infringement Litigation Experts

There are many ways to deal with infringers. A patent infringement suit should be the last step.

The first step is to notify the infringer by certified mail. Be polite, friendly, and firm. Seek a meeting with upper management and try to work out the problem in direct negotiations. Allow one month from the time they receive the notice for them to respond.

It is important to understand the ways declaratory judgments can be used against those seeking relief from infringement. If a letter to an infringer states as an absolute that they are infringing they may sue the claimant for declaratory judgment in the jurisdiction where the letter is received. If a letter to an infringer states that they may be infringing they probably will not be able to bring a suit in their jurisdiction. Large corporations will often try to sue for declaratory judgment in the hopes that the inventor will fold.

If an infringer invites a patent owner to visit them to discuss the possibility of licensing the invention in question, the patent holder should exercise extreme caution when going outside of his or her jurisdiction. Inventors have been sued shortly afterward in the infringer’s jurisdiction, costing them many thousands of dollars to defend themselves far from home. It’s best to meet with an infringer on one’s own turf.

If the infringer doesn’t acknowledge the initial contact, it is recommended that one call the president or CEO of the company and request a meeting. It is best to remain calm and allow the infringer to slowly come to terms with the fact that theft of intellectual property will not be tolerated.

If you are involved in a situation which may form the basis for a patent infringement case, it is invaluable to know your rights. Mueller Hillin specializes in Patent Infringement cases in Philadelphia, Atlanta, Houston and Austin.