Patent Law Disputes And Litigating To Protect Your Patent

Owning a patent, unfortunately, doesn’t always mean that someone else might try to infringe on that patent. When another individual or business entity infringes upon your patent and intellectual property rights, patent law attorney Ryan Schneer, founder of Schneer IP Law PLLC in New York City, will fight to protect your rights.

Protecting Your Intellectual Property Through Patent Litigation

Before becoming an intellectual property lawyer, Ryan Schneer worked as an examiner at the U.S. Patent and Trade Office (USPTO), so he is experienced with the intricate inner-workings of the filing process. He also has experience with patent law litigation and trademark disputes and knows how to protect your intellectual property rights. The foundation of patent litigation is to protect the patent holder’s right to prevent individuals or entities from using or selling the patent-protected product, service or process for the duration of the patent’s lifespan.

What Is Patent Infringement?

Patent infringement involves the violation of an innovation owners’ rights by creating, using or selling a good, method or service that is protected by a patent. There are two different types of patent infringement, direct and indirect. A direct infringement of a patent occurs when the patent-protected good, method or service is used by another individual or business entity for their own purpose, usually involving a financial gain. An indirect infringement of a patent occurs when a third-party assists or enables the direct infringement of the patent-protected good, method or service.

A Plaintiff’s Potential Relief For Patent Infringement Litigation

When a defendant is guilty of patent infringement there are a variety of different remedies you can pursue, including:

• Damages from lost profits
• Royalties for the unauthorized use of the infringement
• Costs and expenses (including litigation and attorneys’ fees) for enforcing the patent
• An injunction requiring the defendant to cease and desist from infringing on your patent

A preliminary injunction can be granted at the beginning of your case to prevent the defendant from continuing to infringe on your patent rights while the case is ongoing and can be granted permanently as court ordered relief when you win your case.

In the event of a possible dispute, Schneer IP Law PLLC can also assist with the invalidation of a competitor’s patent at the Patent Trial and Appeal Board (PTAB) or with a re-examination proceeding at the Patent Office. The firm also has a team of outside counsel who can assist with a declaratory judgment (DJ) action in U.S. District Court.

Invalidation Of A Competitor’s Patent

Likewise, litigation and disputes can also arise when a competitor in the marketplace has an existing patent. Schneer IP Law PLLC can also assist with the invalidation of a competitor’s patent at the Patent Trial and Appeal Board (PTAB) or with a re-examination proceeding at the Patent Office. Using a team of outside counsel, assistance is available with declaratory judgment (DJ) actions at the U.S. District Court level.

Protect Your Patent And Intellectual Property Rights. Call Today.

The legal team at Schneer IP Law PLLC has the knowledge, experience and resources needed to protect your intellectual property rights when disputes arise or litigation is inevitable. Schedule an initial consultation through the online form on the firm’s website or call 646-762-5077. This appointment is designed for you to ask questions, discuss your intellectual property concerns and offer you an opportunity to discuss your legal goals.