3 Signs You May Need a Patent Litigator

February 13, 2017
Patterson Thuente

A patent lawsuit can be one of the harshest realities facing your innovative business. Whether enforcing or defending one, a patent lawsuit undoubtedly brings cost and uncertainty—two things all companies wish to avoid. For small and medium sized businesses, these lawsuits can be devastating. Fortunately, you can limit this cost and uncertainty by talking to an intellectual property attorney. Timing is everything when it comes to protecting your business and IP. Here are three examples of when it may make sense to do so:

  1. You receive a cease and desist letter or an unsolicited license offer. When a letter from another company identifying or discussing patents comes your way, do not ignore it and do not delay. This can be a telltale sign that this company believes you infringe some of its patents. Promptly talk to an IP attorney before taking any action.
  2. You hear it through the grapevine. You might be surprised how often a supplier or manufacturer hears one of your competitors talking about “patent rights” or “copying” in reference to your business. Frankly, patents are not commonly discussed enough to ignore these comments. This may be an indication that your competitor is talking about enforcing its patents against you behind closed doors. Talk to an IP attorney.
  3. Your patent gets challenged at the Patent Office. If a competitor is concerned with one of your patents, it may attack your patent at the USPTO to avoid a future lawsuit. It is worth seeing why your competitor is interested in this patent and learning more about the products it makes. Your competitor might be infringing the patent it challenged.

Patterson Thuente IP – Ideas. Owned®

Patterson Thuente Litigation

Disclaimer: This page and article do not constitute legal advice, nor do they create any attorney-client relationship. This article expresses the personal opinion and views of the author.