What is a patent suit?
A patent suit (or, more correctly, a patent law suit or patent infringement law suit) occurs when a patent owner believes his patent is being infringed, and the patent seeks compensation for use of the patent by the infringing party. This type of patent suit could result in an award from the court for use of the patent or an out-of-court settlement that is negotiated by the parties to the suit. The party filing the patent suit is the plaintiff, and the party being sued is the defendant.
A patent enforcement or patent infringement suit
The U.S. Patent Office issues patents. It does not enforce them. It is the responsibility of the patent owner to enforce his, her or its patent. The only option the patent owner who believes his patent has been infringed has is to file a patent suit against the alleged infringer. This is not a simple matter, and it is a lengthy, expensive and risky proposition!
The challenge in filing a patent suit
Just as the burden of proof in a criminal trial is on the prosecution, the burden of proof in a civil suit is on the plaintiff. The patent owner must prove in court that the alleged infringer of his patent is, in fact, infringing the patent. Unlike a criminal trial that relies on the testimony of eye witnesses and forensic evidence, the issue of whether or not the defendant is infringing the plaintiff’s patent is often decided by directly conflicting testimony from expert witnesses called by both sides.
David versus Goliath struggle
The patent owner/plaintiff in a patent suit can be a man, woman, group of people, business, university, another type of entity, or some combination of these. The patent infringer/defendant is often a business and very often a large business. Thus is created a David-versus-Goliath struggle between the inventor or small business with limited finances and resources and the large corporation with virtually unlimited resources and deep pockets. Accordingly, few patent owners – unless they are well financed themselves – can succeed in a patent suit against a large corporation by themselves. They must often take advantage of the services offered by a patent enforcement firm like General Patent Corporation.
A patent suit can payoff big!
Despite the imbalance facing the individual or small business that has brought a patent suit against a large, well funded patent infringer, a patent suit can pay off for the patent owner who is successful in his litigation efforts. While some patent infringement suits produce modest settlements for the patent owner, there are patent owners who received very handsome settlements!
Multiple patent suit defendants
It is not uncommon for patent suits to be filed against several patent infringers. There have been many patent suits in which the patent owner claimed that several companies manufacturing similar or directly competing products were all infringing the same patent. In such cases, a patent suit against several alleged patent infringers can result in multiple settlements.
Put the odds in your favor
The patent owner who believes his patent has been infringed, but has not already filed a patent suit, should first contact General Patent. There are several advantages to contacting General Patent first.
1. GPC Will Analyze Your Patent Infringement Claim: At no cost to you, General Patent will examine your claim of patent infringement and determine if filing a patent suit makes economic sense. Asking General Patent to analyze your claim is free and puts you under no obligation to the company.
2. Contingency Representation: Should General Patent believe that you have a winnable and viable patent infringement claim, the company will represent you on a contingency basis. That is, General Patent will finance the entire cost of the patent suit, and will agree to be paid from the proceeds of the settlement, and only if the company is successful in securing a settlement! In the unlikely outcome event that General Patent fails to secure a settlement, the company is out the money it spent on the patent suit, and there is NO cost to you, the patent owner.
3. Comprehensive Package of Services: General Patent Corporation aggressively pursues your patent suit claim while you pursue your life. General Patent does all the research, locates and engages a law firm to actually try the patent suit, pays for expert witnesses and other support services, and handles all licensing negotiations should there be an the opportunity for an out-of-court settlement.
The first step in a patent suit
If you believe your patent has been infringed, the next logical step is to have General Patent analyze your patent assertion claim. To get started, complete a Proposal Request. Or you can call General Patent at 800-507-6690 Ext. 107 and we will answer any questions you have.