Patent Litigation Process

• The U.S. Patent and Trademark Office is responsible for granting patents. A patent is given for a certain amount of years, usually 20. Though it cannot be renewed, patents can be extended. Getting a patent can be expensive and can take several years, which is why courts often receive litigation cases involving patent infringement. A patent infringement occurs when another person or company tries to use or market an invention that belongs to someone else.
  
  

Filing a Patent Infringement Litigation

• The patent holder who believes that someone else is using or marketing his or her invention without permission can file suit in a federal district court claiming damages for this infringement. A patent holder may also file a claim to ask the International Trade Commission to enforce the patent, if the patent infringement involves importation of the patented invention in question. The two suits are often filed together by a lawyer who specializes in patent litigation.
  
  

Where to File Patent Litigation

• A patent litigation case can be filed in any district court in the United States that has jurisdiction, which includes the districts or states where the patented product is sold, but not necessarily where the patent holder lives or has an office. The venue in which the case if filed has a lot of bearing on how quickly the case goes to court, how likely it is to be settled out of court, if it should go to trial, and the makeup of the jury. The party accused of infringement may seek to have the case moved to a court in his home district.
  
  

The Judge and Jury

• If either party in the case asks for a jury trial within the time limits established by the court, then the case will most likely be dependent upon the jury decision. The judge will decide before trial what the infringement claim means and will explain its meaning to the jury. The jury will then decide whether the patent was infringed upon, if the infringement was willful, and what, if any, damages to award. The judge will decide if the damages are fair and will make any necessary changes.
  
  

The International Trade Commission

• The International Trade Commission handles patent infringement cases involving the importation of products from other countries into the United States; it is governed by a set of rules that incorporates various international treaties. There is no jury in this type of case; a judge will make the decision as to whether any infringement has taken place.
  
  

What It Takes to Win

• The holder of the patent must prove that the defendant directly infringed upon the patent, caused another to infringe upon the patent or contributed in some way to the infringement. The defendant can argue that the patent was not infringed upon, that the patent itself is invalid, or the patent cannot be enforced.