Patent Lawyer Naperville IL
When a party has engaged in some form of patent infringement, it means they have either produced, sold, offer to sell, or use an invention that has already been claimed in a patent by another party without their permission. Generally, if the patent has been issued in the United States, then the act of infringement has had to occur in the U.S. in order for the patent owner to pursue infringement charges. There are some exceptions to that rule which a Naperville, Illinois patent lawyer from the Law Offices of Konrad Sherinian, LLC can explain.
One of the most difficult parts of an infringement case is proving who the actual party is that is committing the acts of infringement. It is not uncommon for there to be multiple entities involved in the production, distribution, and selling of a product. When there are multiple parties involved, each one can point the finger to the other as a defense to infringement accusations.
In order to be successful in a patent infringement lawsuit, the patent owner, through their Naperville, IL patent lawyer, will need to prove that the party is selling the patented product or providing services already patented. Some of the evidence a patent lawyer may use includes the following:
- Accused infringer’s advertisements
- Accused infringer’s catalogs of products
- Accused infringer’s product demos
- Accused infringer’s sales data
- Accused infringer’s Security Exchange Commission (SEC) filings
- Accused infringer’s website
The minimum proof that the federal government requires when accusing a party of patent infringement has become more and more stringent over the past several years. The courts will not just accept a statement with general information that the infringement has occurred. They require detailed analysis of your claim and must include:
- A thorough explanation of all the claims of your patent
- A thorough and specific comparison of the claims of the infringing product to your patented product.
One of the most effective ways that a patent lawyer in Naperville, IL can show these comparisons is by using a patent claim chart. Usually, this chart is a table with two columns that lists your product’s claims, including critical independent claims. Then list their product’s claims in the other column. In a valid patent infringement case, the claim chart will provide a stark visual to the court of the infringement.
It is not uncommon for patent lawyers – when helping a client with patent applications – will try to keep independent claim as general as possible. Having general independent claims as opposed to specific independent claims make proving future infringement claims easier.
Claim interpretation is the most difficult part of any patent infringement or litigation case. This is why it is crucial to have a Naperville IL patent lawyer assisting you from the very beginning of the patent process.
Patent Pending Issues
Some infringement cases arise when a party’s patent is still pending, which brings up the question whether or not they can pursue an infringement lawsuit. Unfortunately, a patent holder can only file an infringement suit after their patent has been issued and published. However, in many cases, using the phrase “patent pending” can act as a deterrent to potential competitors.
Contact a Patent Lawyer Today
If you have questions or concerns regarding your intellectual property, contact a patent lawyer Naperville clients recommend today from The Law Offices of Konrad Sherinian, LLC to find out how we can help.