• Boolean IP Team

What will happen if someone sues me for patent infringement?

A patent owner can sue you in a court for patent infringement. If the patent owner is able to prove infringement, the court may order you to pay monetary damages and/or stop infringing one or more patent claims. A court can also find that (1) you do not need a license to the patent because you don’t practice the invention, (2) one or more of the patent claims are not valid, or (3) there are other reasons why the patent owner is not entitled to prevail against you. The court may conclude that the patent claim is not valid if it is shown that the claimed invention was disclosed in a prior patent or patents, a book, a magazine, a newspaper, a television show or movie, a webpage or other published work before the date of the claimed invention. Also the court may conclude that the patent claim is not valid if it is shown that the claimed invention was offered for sale in this country or was disclosed to the public more than one year before the application for the patent was filed. In addition, the court could find the patent invalid because it does not meet other statutory requirements, such as a sufficient written description of the invention, or because it does not describe subject matter that is patent eligible. Further, in “exceptional” cases, the costs of your attorney’s fees may be awarded to you if you win the patent case. But if you lose the patent case, you may be held responsible for the attorney’s fees of the patent owner. A court may take all of the facts and circumstances of the case into consideration in deciding whether it will find that one party must pay the attorney’s fees of the other party. The courts may only award attorney’s fees in cases that are out of the ordinary, for example, where the positions of the patent owner are unusually unreasonable.

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