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Infringement & Validity Opinions
Our business clients are sometimes faced with a letter from a third-party accusing them of patent infringement, and sometimes in a thinly veiled way. Often such letters come with a “request” or “offer” to take a license under the patent in question.
When faced with such letters, such business clients seek help to confront and resolve the issue. Patent litigation is estimated at costing an average of $2.5 million per side in disputes involving $25 million or less. Furthermore, damages can be trebled in a patent infringement suit when willful infringement is shown. The infringed parties may also be awarded attorney fees. With the stakes this high, it is crucial to handle the situation with care.
At Smith & Garg, we help business clients faced with such situations. First, we carefully analyze the infringement claim, the patent, and its prosecution history at the patent office, and compare the claims of the patent infringement with our client’s product or process. Armed with a thorough factual understanding of our client’s technology, and a thorough opinion of legal scope of the patent in question, we can sometimes find either flaws in the infringement assertion, or barring that we can at least help our client explore what changes they can make in their product or process in order to avoid infringement. Either can help the business client entirely avoid, or at minimize, their risk in any subsequent patent infringement lawsuit.
We can also review prior art, particularly prior art that was not cited to or otherwise considered by the USPTO when the patent was granted, to see if their was a flaw in the examination of the patent. Though issued patents enjoy a presumption of validity in legal conflicts, often this presumption can be overcome with clear and convincing evidence that the patent is not valid and should never have been granted. If we can find such clear and convincing evidence, our opinion of invalidity can also help our client defend or avoid an infringement lawsuit.
DISCLAIMER
Every case is unique and requires an experienced attorney to address your particular situation. Please do not consider any of the information provided here to replace a personal consultation with an experienced IP lawyer.
Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your intellectual property law services and litigation needs.
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