Engaging in a patent infringement lawsuit often requires the services of a patent enforcement firm. This is a type of law firm that specializes in patent litigation. A negotiation is often sought out before filing a lawsuit to avoid prolonged cost and time for litigation proceedings. Patent infringement lawsuits can be used as a tool to reach a favorable outcome. Consult with a patent attorney to assess all your options.
A patent infringement lawsuit is typically filed in a District Court where the infringement occurs. When a lawsuit is filed, the plaintiff has a burden of proof for showing that they are the original inventor for a patent.
A defendant will need to prove that infringement did not occur, the patent is not valid, and that it is not enforceable.
This is an outcome that results in a licensing agreement. This is an agreement in which the defendant in a patent infringement lawsuit makes a royalty payment to the patent owner. Royalty payments will give the patent owner a stream of income. Some negotiations may also result in retroactive payments.
This is an outcome that requires the use of a mediator. The mediator is provided to facilitate negotiation with the plaintiff and defendant of a patent infringement lawsuit. Faster settlements may result by using a mediator for negotiation. Settlements that are negotiated with a defendant cannot be appealed.
This is an outcome that can result when a negotiated settlement cannot be reached. According to AlpineEng.com, many law firms will split the proceeds or a settlement or take a specific percentage. This is an aggressive stance that is taken if a defendant refuses to negotiate in good faith. Trial lawyers that are hired by a plaintiff will try a case in front of a jury, a judge, or an arbitrator.