Patent Infringement Due to False Markings

Patent infringement is not limited to the making, distributing, using or selling of a patented work’ patent infringement also includes false marking. False marking can be found in several different forms, but the most common relate directly to the unauthorized use of the word “patent” as a way to deceive the public, and to ultimately gain some sort of monetary benefit through an illicit practice. Under United States patent laws

It is considered unlawful under patent law to use the word “patent” on any product or device that has not been appropriately registered with the United States Patent and Trademark Office and is subject to penalties, such as a maximum fine of five hundred dollars for every offense.

Furthermore, in cases that a patent infringement lawsuit is filed regarding false marking, the penalty itself is to be distributed to person instating the lawsuit and the United States, for such an offense is not only affecting a patent owner or inventor, but also the U.S. Patent and Trademark Office. Usually, any monetary damages that are granted as a result of a victorious lawsuit of false marking, half of the proceeds will go the person filing the lawsuit, and the other half will go to the United States.

Even though it may seem as such a simple and deceivingly easy way to unlawfully gain some sort of advantage, false marking is considered a form of patent infringement, as well as a form of piracy and counterfeiting, and will be enforced as allowed by United States law in order to deter its illegal practice.

Taking Patent Infringement to Court

Negotiated Settlement

Patent lawyers will always seek a negotiated settlement before proceeding through further litigation. It proves to be the least time consuming, and will often result with beneficial outcomes for both the plaintiff and the defendant. Typically, the patent lawyers will negotiate and attempt to draft a license.

Mediation

When a negotiated settlement can not be secured and successfully arrived at, patent lawyers will consult a mediating party to facilitate the negotiation process. The plaintiff’s patent lawyers will typically assume an aggressive stance and hopefully convince the defendant that arriving at an understanding at this point will prove to be the best option, rather than take the matter to trial.

Typically, mediation will result in a faster settlement which can not be appealed by the defendant. Unless the patent lawyers on the defendant’s side are thoroughly convinced that no patent infringement has occurred, a negotiation will typically be reached.

Trial

The last viable option in terms of preference for the patent lawyers and opposing parties involved, for patent infringement lawsuits that reach trail will most definitely prove to be the most costly and time consuming. Here, opposing parties will present their arguments and all necessary information and evidence in order to help the judge reach a decision in their favor.

More often than not, the main issue at hand will be revolved around the patent’s claims, and how such interpretations of the claims actually lend themselves to prove or disprove patent infringement.

Does Patent Infringement Require an Attorney?

United States patent lawapplicationregistration processpatent protectionexclusive rights
The patent attorney can file an infringement lawsuit
Determining what kind of patent infringement has occurred and
specifically, if that infringement is of willful nature.

Organize and track the information and correspondence between
the United States Patent and Trademark Office
Draft infringement letters and legal opinions.

Produce references and expert witnesses to support the
client’s claim.

Analyze and interpret patent laws.

Assess the liability of the defendant and determine whether
the client is eligible for compensation.

Patent infringement attorneys may also be hired in the case that patent
infringement lawsuit is levied against the client, in which case the
responsibilities may shift in accordance to the nature of the case. In this
circumstance, the patent attorney will diligently review and analyze the claims
that the patented invention states, and determine whether or not his/her client
actually infringed the patent rights in accordance to the definitions provided.
Furthermore, the patent lawyer will be responsible in proving how the client’s
product is different from the claims under the patented device, and therefore,
can not be regarded to be found in patent infringement.

How to Fix Patent Infringement

Under United States Patent Lawpatent infringement lawsuits The most basic form of patent infringement remedies is injunction. Courts presiding over patent infringement lawsuits will often grant injunctions to prevent the further violation of patent rights and protectionsPatent attorneysThe final type of patent infringement remedies is much less common, and not always rendered. In certain extreme circumstances, the courts may find it appropriate to award attorney fees to the prevailing party of patent infringement lawsuits.

The situation must be such that the court proceedings have proven to be extreme in both length and costs, and at the discretion of the judge, attorney fees may be awarded. Patent infringement remedies are not just limited to the court room and in patent infringement lawsuits or litigation. The simplest and most common will prove to be the simple marking of the patented product with the appropriate mark. Though not really considered a true remedy in legal definitions, it proves to be an effective preventative measure, as well as a potential tool in the litigation process itself as evidence.

Voluntary Arbitration in Patent Infringement

United States patent laws ultimately decide the outcome of any patent infringement lawsuit that is brought to the courts. However, it is written and encoded in to patent laws and provisions that both sides of an infringement action lawsuit, the plaintiff and defendant, may seek to settle the situation out of the courts in order to seek a more beneficial outcome for both parties. Voluntary arbitration is exactly such an occurrence, where parties contract an arbitrating agent or mediator to help resolve the dispute in order reach a negotiated settlement out of the jurisdiction of the courts.

The reason that voluntary action exists is to save both time and any monetary costs to be expended by both parties. This also applies to the United States Court System as well, for hearing and attempting to resolve such patent infringement disputes have proven to be very time consuming and expensive. In many famous patent infringement cases that reached the courts, the infringement action dispute was not settled until years later, and often enough, it is resolved through a negotiated settlement out of the courts. Voluntary arbitration is required to be made under contract with both parties, while also providing for a written notice that the patent infringement dispute will try to be settled out of the courts.

Under patent infringement laws, the agreement or final decision reached as a result of the arbitration is to be considered valid and enforceable. Arbitration proceedings regarding infringement action lawsuits are subject to all of the regulations imposed by patent infringement laws, including the provisions for acceptable defenses.

If a settlement can be reached, and an award is to be granted as deemed fair by the arbitrator or mediating committee, such awards are considered final and are binding to both involved parties. In the case that an award is to be granted, and patent infringement is found liable to incur monetary damages, the patent owner or inventor and any assigned licensees or representatives must forward a notice of such to the Director of the United States Patent and Trademark Office.

The notice is to contain the names of all the involved parties in the voluntary arbitration proceeding, as well as their perspective addresses. The notice shall also include the patent number and a copy of the award granted by the arbitration committee. In the case that the infringement action lawsuit is in regards to multiple patents, separate notices are to be made to the director in the circumstance of a granted award.

After receipt of such notice, the Director will enter into record the proceedings of the voluntary arbitration process, as well as the final outcome in regards to that particular patent. The awards shall not be transferred to the prevailing party until such a notice is received by the Director.

Patent Infringement