Patent litigation is a process through which a patent owner (patentee) can sue another party for the unlawful use of their patented invention.
Unlawful use or exploitation of another’s patent rights includes any actions in which the offending party makes, uses, or sells a patented item without the patent holder’s permission.
Patent litigation is handled exclusively by litigation lawyers who are specially trained in intellectual property law. A patent attorney typically supports the litigation attorney by advising on the specific scope and details of the patent.
Purpose
The goal of patent litigation is to stop any infringing behaviour by unauthorised parties and may also involve the seeking of compensation for the loss of earnings.
Patent litigation may involve the serving of a cease and desist letter, mediation and/or court attendance. The level of litigation required will depend on the severity of the offence as well as the response of the infringing party when contacted.
In some cases, patent litigation may lead to hefty fines or jail time for the offending party in addition to compensation being awarded.