Businesses and agencies believe that receiving a patent offers them protection against infringement. However, when a patent is threatened, the holders must act immediately and take effective steps to safeguard their interests. If a scenario of patent infringement related litigation arises, the patent holder should consult a patent litigation support expert or an attorney to take necessary actions.
Patent infringement occurs when another party creates, utilizes, or sells a patented item without the permission of a patent holder. In such cases, the patent holder may sue the infringing party to stop his/her activity and ask for a compensation for the unauthorized use.
If the court finds infringement, the infringer has to pay for the damages to the patent holder. The payment can either be in the form of actual damage or a sensible royalty for the unauthorized use. Actual damages include lost profits the patent holder might have realized while a sensible royalty depends on the type of product, patent validity, and other arrangements. The prevailing party also has to bear other expenses such as court filing fees and related expenses.
It is always advisable to get professional help from a patent research/analytics or a patent litigation support expert in cases pertaining to patent infringement. You should seek legal help as this subject matter is highly complicated. Patent attorneys and litigation support experts can help you in securing high-end litigation services.
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