The Business of Patents
What do you do when a rival sends you a cease and desist letter accusing you of patent infringement? If you said, “nothing,” that was the wrong answer. If you are eventually sued for infringement and you made no effort to investigate their claim and, if necessary, remedy your infringement, you could be found to […]
Read more →Are you periodically checking to make sure that your patent marking is up to date? Failure to properly mark your products with the patents that cover them can be very costly if you ever go to enforce your patents. Normally, patent infringement is a “strict liability” offense, meaning that the infringer is liable regardless of […]
Read more →Determining patent infringement damages is complicated and often borders on the metaphysical. Under U.S. law, a patent holder is entitled to damages adequate to compensate for the infringement, but in no event less than a “reasonable royalty.” In some cases, patent holders can establish damages through lost profits. However, when that is not possible or […]
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