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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
  • Prove the 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!