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IP Claim Defense: Things To Do When You Receive An IP Infringement Complaint

Posted by on Nov 17, 2016 in Uncategorized | 0 comments

Intellectual property infringement is one of the lawsuits that are hard to prove without solid evidence. It requires concrete documents that prove the claim of the plaintiff as well as the proof of violation of the accused. And such complaint is expressed with a letter. If you happened to receive such document is it important that you know what to do to handle the case properly. There are frauds or “take advantages” of this type of lawsuit. Hence, you have to make sure such cases will not victimize you. There is IP claim defense that you could reach out on these complaints. And one of which will be discussed in this text along with the ways to handle the complaint.

  • What is the complaint all about? Read the letter carefully. You must be able to deduce the reason why they sent you such complaint. Is it about the software you used in your system that happened to be similar to theirs? Or you’ve produced a book having the same title and contents to theirs. Whatever it is making sure that you understand the violation that is alleged on you.
  • Identify the individuals involved in the infringement. Who is the plaintiff? Are there any other individuals involved in the case? Make sure to list down the people who are included in the case. These people might help you clarify the issue if it is not clear stated on the letter.
  • Take note of the details of the complaint. After reading the letter, get a pen and jot down their the important details of the complaint. You need this to have a clearer vision on the case you are facing. This will also help you simplify the agenda of the plaintiff and cause of the issue.
  • Call your lawyer. It is always safe to reach for the individual whom you trusted the most when it comes to lawsuits. But before calling a professional, make sure that you are reaching a person who has solid experience when it comes to dealing IP infringement cases. These lawyers know how to handle the situation better and could give you the best advice to get through with the complaint.
  • Settle the case accordingly. Your lawyer has several strategies on how to handle the case. And two of the basic is to face the complaint on the court and fight against the complaint or settle the case with monetary means. The former could cost you a lot on top of paying the lawyer’s professional fee. Meanwhile, settling the case through a fine might be the best solution especially when the company complaining is a huge one.

When you encounter an IP infringement complaint, you need to handle the issue in a calm way by getting to know the case. Start it with reading the letter thoroughly, followed by identifying the people involved in the case and then the details. You need to be aware of these things so that you know exactly what you are facing and how you can best defend yourself. Reaching an experienced professional to handle the case is always good advice. He/She will provide you the most appropriate form of settlement considering your case and resources.…

The World Of Patents Litigation

Posted by on Nov 12, 2015 in Blog, licensing, Our Team, packages, programs, protection, Specializations, Suggestions | 0 comments

Patent law is one of the most complex and difficult to understand for almost everybody, largely because of the high level of skill in this field an experienced patent specializing law firm has. Despite the difficulties facing a small business or individual when they seek assistance with patent infringement there are many options available for developing a strategy to find relief from the problems involving a patent. One of the major issues patent owners often find is the illegal use of a patented product by a foreign company, but these issues can be overcome with the help of a professional and experienced patent lawyer.

One of the first factors individuals facing patent infringement issues ask when they find a lawyer is what the strategy will be for overcoming the issues they face. The short answer to the question is that the lawyer will conduct their own investigation and develop a strategy designed specifically for the problems facing the patent owner. Amongst the many options available that is sought by most lawyers is the obtaining of an injunction against the individual or company infringing on a patent. Monetary damages can also be sought in terms of a settlement for the illegal use of the patented product, or as part of a deal designed to allow the infringing company the right to use the patented product.

The first step any individual should take when they feel a patent they own has been infringed upon is to find a qualified lawyer with experience in this field. This first step should see all the necessary information presented to the lawyer, who will then investigate the claim and seek the best way to move forward with litigation. Although most cases do lead to a legal case it is possible to seek mediation and negotiation to find a way out of the issue both sides will be happy with.

In many cases, the problem of patent infringement will see a foreign company knowingly or unknowingly infringe on a copyright. Although a patent owner may feel they have few options in these cases, the use of the International Trade Council can lead to success in halting the production of a patented product. It is important to remember that seeking patent litigation is a time consuming and expensive process, making the initial decision about whether to pursue patent litigation should be done with the aid of an experienced attorney in this field.

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