| One of the questions that patent holders may | | | | should be sued, and on what grounds they can be |
| have is "who can be sued in a patent infringement | | | | sued is not always easy for a layman. Even |
| lawsuit?" By law, any person who makes, uses, | | | | lawyers who don't specialize in patent infringement |
| offers or sells something that is protected by a | | | | law may find it difficult to determine who can |
| current patent, or who imports into the United | | | | actually be sued in a particular instance. |
| States anything that is protected by a current | | | | Experienced patent infringement lawyers |
| patent, is guilty of patent infringement. Likewise, | | | | understand the current case law and how the U.S. |
| anyone that makes, uses, offers or sells any | | | | Patent laws have been applied in patent |
| product or process that intentionally contributes to | | | | infringement cases throughout the years. This is |
| it is guilty of infringement as well. Finally, anyone | | | | more true today than ever before, with the |
| who induces any action that infringes upon a | | | | number of patent infringement lawsuits increasing |
| current patent is guilty. | | | | with each passing year. Decisions that have been |
| If a company makes a new product that infringes | | | | handed down in cases over the past five to ten |
| upon an existing and in force patent, it is infringing | | | | years have opened the existing patent laws to |
| upon that patent and can be sued. If a company | | | | new interpretations that can be utilized in a lawsuit |
| creates a product that relies on a patented | | | | by experts in the field. |
| process without the permission of the person | | | | If you are considering a patent infringement |
| owning that patent, they are guilty and can be | | | | lawsuit or believe that your rights as a patent |
| sued. In addition, the law can be interpreted to | | | | holder are being infringed upon, it's important to |
| extend to any store or company that sells a | | | | consult with a law firm of patent infringement |
| product or process that is protected by a patent, | | | | lawyers who are familiar enough with the current |
| as well as anyone who purchases and uses that | | | | case law and interpretations to evaluate your |
| product or process. | | | | case on its merits. A good attorney can not only |
| In other words, if AB Electronic Games were to | | | | help you determine who can be sued for infringing |
| create a new game system that used as part of | | | | upon your patent, but may see grounds for a suit |
| its design the joystick that is patented by YZ | | | | that you or a less experienced lawyer might not |
| Game Company, AB Electronic Games may be | | | | recognize. |
| infringing upon YZ's patent and can be sued for | | | | This is a matter that the courts take very |
| that infringement. | | | | seriously. If your invention is being used in whole |
| Likewise, if YZ Game Company had patented a | | | | or in part by someone else who does not have |
| process that only allowed its games to be played | | | | your permission, your rights as a patent holder |
| on a game system manufactured by them, and | | | | are being infringed upon. When you bring a |
| AB Company came along and made an adapter | | | | successful suit against the infringer, you may be |
| using that process so that YZ's games could be | | | | able to: |
| played on any game system, they could be | | | | - Stop future infringements when a judge orders |
| opening themselves to a patent infringement | | | | an injunction against further use, sale or offer of |
| lawsuit. In addition, YZ Game Company would be | | | | the infringing invention or product |
| within its rights to sue every retailer that sold | | | | - Recover the cost, which may include projected |
| AB's games or adapter, and every single person | | | | future profits lost due to the infringement |
| that used one of AB's games or adapters. | | | | - Recover certain litigation costs |
| In reality, however, it's seldom practical to sue | | | | - Recover attorney's fees |
| individuals who buy or use a product that infringes | | | | - Be awarded punitive damages that may amount |
| upon another's patent. Most patent owners will | | | | to triple the judgment for actual damages |
| choose to sue the manufacturing company, the | | | | A law firm that specializes in this kind of litigation |
| inventor or the importer of the product. Some | | | | is the best judge of whether you have a good |
| judges will disallow patent infringement lawsuits | | | | case of patent infringement. If you believe that |
| against certain classes of defendants for various | | | | your patent rights are being infringed upon, |
| reasons. In many cases, the laws which cover | | | | contact a patent infringement lawyer for a |
| these lawsuits and their interpretation vary from | | | | consultation to evaluate your case for a lawsuit. |
| jurisdiction to jurisdiction. Determining who can and | | | | |