Dallas Intellectual Property Attorney
Representation for Patent & Trademark Infringement Actions
One of the most valuable assets is intellectual property. Due to this incredible
importance, it is critical that a client works with an experienced intellectual
property lawyer who can ensure that this is not infringed or encroached
upon. We at Gresham, P.C. can help do this for you. Our firm is capable
of representing businesses and individuals alike cases involving all types
of technology-based disputes.
Some common patent infringement cases involving the following:
- Electrical & Electronic Equipment
- Mechanical & Optics
- Medical Products
- Software / Computer Equipment
- Biotechnology, Pharmaceuticals & Chemicals
Understanding Patent Infringement
When one party is making, using, or selling an invention or idea protected
by a patent, it is infringement. In such cases, the owner of the patent
would be able to bring a lawsuit against the infringing party. Often,
this starts with the patent owner sending a cease and desist letter. Following
this, either party may demand a jury trial; should either side waive their
rights to a jury, the case may go before a judge.
Cases involving patent litigation are incredibly complex and involve extensive
discovery phases where several depositions are taken of individuals including
the inventor, engineering personnel, and expert witnesses. Patent infringement
cases also often involve a Markman hearing (also known as a "claim
construction hearing") where a judge will examine all evidence to
determine the proper interpretation of the case's claims.
To successfully win a case, the plaintiff must prove either of the following:
Literal infringement, where the infringing product is exactly the same as the patented invention
or idea; or
doctrine of equivalents, where the infringing product is not identical but is sufficiently similar.
Once infringement is proven, the plaintiff can recover damages to recover
lost profits. If willful infringement is proven on behalf of the defendant,
the court may choose to award treble damages, which is a multiple of actual
damages (not an addition).
Contact Gresham, P.C. to Discuss Your Case
Every year, nearly 3,000 intellectual property cases are filed with awards
reaching as high as $500 million. If you have reason to believe that either
you or your business has been victimized by some form of patent or trademark
infringement, you should not hesitate to contact our skilled intellectual
property law firm today.
Take the first step by
contacting Gresham, P.C. and scheduling your appointment!