• Boolean IP Team

What are the options for responding to the suit?


If you are sued, you must formally respond. The response must be filed with the court within the time period set and a copy must be served on the patent owner. Otherwise, the court may enter a default judgment against you, which may order you to pay damages and/or stop infringing on one or more patent claims. While you should contact an attorney familiar with patents to assist and help you decide on the best course of action, if you are sued, your options include:

-Denying that the patent owner has proved that you infringe any claim of the patent or patents. -Negotiating with the patent owner for settlement of the lawsuit, for example, by agreeing to a license or a statement that you do not infringe the patent. A mediator may help you reach an agreeable settlement. -Trying to invalidate the patent based on references that show that the patent or patents are invalid.

These options may be pursued in or outside of court, but court-based litigation is often very expensive (costing hundreds of thousands to millions of dollars) and slow, regularly taking several years before the court will reach a verdict. Even if the case results in a court decision, it may then be appealed to the Federal Circuit, and potentially the Supreme Court, requiring additional time and money.


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