Patent law is a very complex concern that even successful business leaders and executives cannot handle without appropriate support. The very process of prosecuting a patent often proves too challenging. Without proper support, those seeking patent protection may not understand the importance of ongoing management after obtaining a patent, including its enforcement.
The discovery of infringing economic activity is frustrating and concerning for leaders at organizations that have successfully prosecuted patents. Infringing parties can unfairly compete with an organization that has invested heavily in research and development. They can even eat into the market share of the original patent holder. Enforcing the patent by holding the infringing party accountable can be a lengthy and complex process.
Pursuing economic damages
Frequently, patent holders provide notice to infringing parties upon discovering their inappropriate economic activity. If the infringing party does not cease inappropriate economic activity and respond to any inquiries made by the patent holder, litigation may be necessary to properly resolve the matter. During patent infringement litigation, the plaintiff can potentially request damages. Holding the infringing party accountable for the economic consequences of their inappropriate conduct can be an appropriate solution that both penalizes the infringing party and compensates the patent holder.
Requesting an injunction
Judges hearing intellectual property cases in the civil courts have the authority to issue injunctions. Injunctions can require that one party perform specific acts. They can also prohibit certain activities. Violating an injunction can lead to a variety of consequences, including allegations of contempt of court. A judge hearing a case involving patent infringement can issue an injunction to prevent the infringing party from continuing to conduct inappropriate economic activity.
Settling issues privately
There are numerous private solutions that may be possible in a patent infringement scenario. An attorney representing the patent holder may be able to negotiate an out-of-court settlement for damages. They may also be able to arrange for a licensing arrangement in the future. Doing so can monetize a patent while simultaneously preventing additional infringement from the same party in the future. Private arrangements can be beneficial in some cases due to confidentiality concerns or the need for expediency.
Much like patent prosecution, patent enforcement is a complex matter that requires the assistance of specialized professionals. Reaching out to the team at Saile Ackerman LLC by clicking here or calling 845-452-5863 can help organizational leadership develop an appropriate strategy for resolving patent infringement. With experienced support, it may be possible to hold the other party accountable and strengthen the protections obtained via patent prosecution.
