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Lott & Fischer is Your Choice When You Need a Florida Patent Infringement Lawyer

Patents can hold extraordinary value. The U.S. Department of State estimates the total value of the patents issued by the U.S. Patent and Trademark Office (USPTO) at more than $3 trillion, and patents routinely exchange hands for multi-million-dollar sums. As a result, patent owners have a strong interest in protecting their exclusive rights, and they must engage an experienced Florida patent infringement lawyer to help them protect these rights when necessary.

Lott & Fischer’s lawyers handle patent infringement litigation in Florida and nationwide. We have decades of experience protecting patent owners’ exclusive rights and defending companies against patent infringement allegations. Having worked with leading companies in industries ranging from computer technology to transportation and medical devices, we have both the technical savvy and legal insights required to effectively handle complex patent infringement cases regardless of their scope—and regardless of the value of the patents involved.

What Constitutes Patent Infringement?

Broadly, patent infringement involves making, selling, or using a patented product, material, or process without the patent owner’s authorization. More specifically, a patent infringement claim consists of three “elements,” and proof of all three elements is required in order for a patent owner to secure remedies in court. The elements of a patent infringement claim are:

1. Ownership of a Valid Patent

A company must have a valid patent to pursue an infringement claim. In some cases, defendants will be able to defend against infringement claims by raising issues with the validity of a plaintiff’s patent registration.

2. An Act of Infringement By the Defendant

Pursuing an infringement claim requires evidence of an act of infringement. This could involve making, using, importing, promoting, or selling an infringing product or process. Plaintiffs must be able to demonstrate that the act of infringement in question was undertaken by the defendant—not a third party.

3. An Infringing Product or Process that Incorporates All Features of an Independent Claim

To give rise to liability for patent infringement, a defendant’s product or process must incorporate all of the features of at least one of the claims in the plaintiff’s patent registration. Solely incorporating features mentioned in the patent specification, or some but not all of the features in a patent claim, does not amount to actionable infringement.

Proving Patent Infringement

There are several ways that patent owners can prove infringement during the litigation process. With that said, the specific types of evidence that are available in any particular case will depend on the nature of the patented product or process, the nature of the allegedly infringing act, and the various other facts and circumstances involved. Taking this into consideration, some examples of evidence that may be available to prove patent infringement include:

  • Documentation that evidences the patent’s novelty and nonobviousness.
  • The defendant’s products, marketing materials and other publicly available information
  • Research and development records obtained through discovery
  • Emails, direct messages and other internal records obtained through discovery
  • Expert reports and testimony regarding the similarity of the patented process or invention and the infringing process or invention

Again, these are just examples. Companies defending against patent infringement claims may have various forms of evidence available to them as well. When we represent clients in patent infringement litigation, we take a comprehensive approach focused on identifying and evaluating all available evidence and then building an informed and cohesive litigation strategy.

FAQs: Patent Infringement Disputes

Is Registration Required to Pursue a Patent Infringement Claim?

Yes, patents only exist upon registration with the USPTO, which means that it is only possible to pursue an infringement claim once a registration has been approved. If your company has a patent pending and another company has brought a substantially similar product or service to market, we encourage you to speak with a Florida patent infringement lawyer at Lott & Fischer to determine what options you have available.

When Can a Patent Be Deemed Invalid?

Several issues can render a patent invalid, with one of the most common being prior art that wasn’t considered during the registration process. Ambiguous or indefinite claims, subject matter that is not patent-eligible and fraud on the USPTO are potential grounds for invalidity as well.

How Do I Pursue a Claim for Patent Infringement?

If you need to pursue a patent infringement claim (or think you may need to pursue a patent infringement claim), your first step is to consult with a lawyer who has deep experience in patent-related litigation. Our lawyers have the experience you need, and we can take action to protect your company’s patent immediately if necessary.

Consult with a Florida Patent Infringement Lawyer in Confidence

If you would like to know more about our patent infringement litigation practice, we invite you to get in touch. Call 305-448-7089 or contact us online to schedule an appointment at Lott & Fischer.