Patent Infringement Litigation: Protecting Innovation

In today’s rapidly evolving technological landscape, patent infringement litigation has become a critical tool for inventors and companies to protect their intellectual property rights. This complex area of law requires a deep understanding of both legal principles and technical subject matter.

Initiating a Patent Infringement Lawsuit

A patent gives the patent owner the right to exclude others from using the invention. If another person or company makes, uses, sells, offers for sale the invention claimed in the patent without permission, that other person or company is said to be infringing on the patent rights of the patent owner. The patent owner in such a situation may wish to have the infringing conduct stop or may wish to receive compensation for the infringing conduct.

While patents are issued by the United States Patent and Trademark Office (USPTO), infringement actions are typically pursued in courts. Under federal law, federal district courts have exclusive jurisdiction over all lawsuits “arising under any Act of Congress relating to patents.” Patents, creatures of federal patent law, are governed by federal patent law.  The USPTO has neither jurisdiction over a patent once it issues nor the ability to enforce any patent rights, to stop an infringer.  Therefore, to stop an infringer, the patent owner must sue them in court.

Typically, in response to a patent lawsuit, the alleged infringer will consider challenging the validity of the patent, claiming that the patent is invalid.  Challenges to the validity of a patent, are often brought before the Patent Trial and Appeals Board, depending on the timing and other factors including their complexity and the need for specialized knowledge.

Interesting Facts About Patent Infringement Litigation

1. The “Rocket Docket”: The Eastern District of Texas was once known as the “rocket docket” for patent cases due to its speedy trials and plaintiff-friendly juries. In 2017, the Supreme Court’s TC Heartland decision limited where patent lawsuits could be filed, significantly reducing the number of cases in this district.
2. Billion-Dollar Verdicts: Patent infringement litigation can result in staggering damages. In 2016, a jury awarded $2.54 billion to Idenix Pharmaceuticals in its lawsuit against Gilead Sciences, one of the largest patent infringement verdicts in U.S. history.
3. The Patent Dance: In the pharmaceutical industry, the complex pre-litigation exchange of information between biosimilar applicants and reference product sponsors is colloquially known as the “patent dance.”
4. Design Patents: While utility patents are more common in litigation, design patent cases can be equally impactful. Apple’s lawsuit against Samsung over smartphone design patents resulted in a $539 million jury verdict in 2018.
5. Non-Practicing Entities: Often referred to as “patent trolls,” these entities acquire patents solely to enforce them against alleged infringers, without producing any goods or services themselves. They account for a significant portion of patent infringement litigation.

The Importance of Patent Infringement Litigation

Patent infringement litigation serves several crucial functions in the innovation ecosystem:

1. 1. Protecting Innovation: It allows inventors and companies to defend their R&D investments and maintain market exclusivity.
   2. Encouraging Disclosure: The prospect of strong patent protection incentivizes inventors to disclose their innovations rather than keeping them as trade secrets.
   3. Fostering Competition: While it may seem counterintuitive, patent infringement litigation can promote healthy competition by clearly delineating the boundaries of intellectual property rights.
   4. Driving Technological Progress: Litigation outcomes often spur companies to innovate around existing patents, leading to new advancements.
   5. Economic Impact: The ability to enforce patents through litigation enhances their value, contributing to company valuations and facilitating licensing agreements.

Patent Infringement Litigation vs. Trademark and Copyright Infringement

While all three types of litigation fall under the umbrella of intellectual property law, they differ significantly in several aspects:

1. Subject Matter:
   • Patent infringement litigation deals with inventions and new technologies.
   • Trademark infringement involves brand identifiers like logos and names.
   • Copyright infringement concerns original works of authorship.
2. Duration of Protection:
   • Patents typically last 20 years from the filing date.
   • Trademarks can potentially last indefinitely with proper maintenance.
   • Copyrights generally last the author’s lifetime plus 70 years.
3. Proof of Infringement:
   • Patent infringement requires proving that the accused product or process includes every element of at least one claim of the patent.
   • Trademark infringement focuses on likelihood of confusion among consumers.
   • Copyright infringement involves showing substantial similarity and access to the original work.
4. Defenses:
   • In patent cases, common defenses include invalidity and non-infringement.
   • Trademark defendants might argue fair use or that there’s no likelihood of confusion.
   • Copyright defendants often assert fair use or independent creation.
5. Remedies:
   • Patent infringement litigation can result in injunctions, damages (including potential treble damages for willful infringement), and sometimes attorney fees.
   • Trademark and copyright cases may also include injunctive relief and damages, but the calculation methods differ.

Why Hire an Experienced Patent Attorney

Navigating the complexities of patent infringement litigation requires specialized expertise which an experienced patent attorney can provide. Here’s why hiring an experienced patent attorney is crucial:

1. Technical and Legal Expertise: Patent attorneys often have backgrounds in both science/engineering and law, allowing them to understand complex technologies and translate them into effective legal arguments.
2. Strategic Approach: Experienced attorneys can develop comprehensive litigation strategies, considering factors like venue selection, timing of filings, and potential counter-claims.
3. Claim Construction: A critical phase in patent infringement litigation is claim construction, where the court interprets the meaning of patent claims. Skilled attorneys can argue for interpretations that benefit their clients.
4. Discovery Management: Patent cases often involve vast amounts of technical documentation. Experienced attorneys know how to efficiently manage and leverage this information.
5. Expert Witnesses: Selecting and preparing expert witnesses is crucial in patent cases. Seasoned patent attorneys have networks of technical experts and know how to effectively present their testimony.
6. Settlement Negotiations: Many patent infringement cases settle before trial. Experienced attorneys can negotiate favorable settlements, often leveraging their track record of success in similar cases.
7. Appeals Process: Patent infringement litigation often involves appeals to the Federal Circuit. Attorneys with experience in this specialized court can craft compelling appellate arguments.

Conclusion

Patent infringement litigation remains a cornerstone of intellectual property protection in our innovation-driven economy. While it shares some similarities with trademark and copyright infringement actions, patent cases present unique challenges that require specialized legal and technical expertise. For inventors and companies seeking to protect their innovations, hiring experienced patent attorneys when patent infringement litigation is necessary to ensure you are provided strategic advice throughout the litigation process.  The complexity and high stakes of patent infringement cases underscores the importance of working with experienced patent attorneys. Experienced Patent Attorneys stay informed about the patent law changes and working with knowledgeable legal counsel can help innovators navigate this complex terrain to protect your valuable intellectual property rights. Remember, in the world of patent infringement litigation, expertise and experience can make the difference between safeguarding your innovation and losing your competitive edge. Contact our experienced patent attorneys today.