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Patent Litigation

Patent litigation centers around allegations of infringement of a patent holder's rights.  If you own a patent and discover that an unlicensed individual or entity is selling and/or distributing your invention or using your innovation, you may have a claim for patent infringement.  Infringement of your patent rights can be severely detrimental, potentially causing you substantial monetary damages in the form of lost profits and/or damaging consumer good faith in your invention.  If your patent has been infringed upon, there are several remedies that may be available to you, including:

 

  • Injunctive Relief: As part of the relief awarded in a patent infringement matter, the Court may impose an injunction against the offending party, prohibiting the party from illegally using, manufacturing, selling, and/or distributing the patented invention.  Although such injunctive relief on its own does not provide any compensation to the patent owner for the infringement, it can impose a heavy burden upon the offending party by denying it the income it was obtaining by its infringement.
  • Damages: Alternatively or in addition to the aforementioned injunctive relief, the Court may award the patent holder monetary damages adequate to compensate for the infringement.  Pursuant to 35 USC §284, such monetary damages cannot be less than a reasonable royalty for the use of the invention; however, the Court may, in its discretion, increase the damages found by a jury or assessed by the Court by up to three times.
  • Attorneys' Fees In addition to the foregoing remedies, the Court may award reasonable attorney fees to the prevailing party in exceptional cases.

 

Alternatively, if you are wrongfully accused of patent infringement, it can be a heavy burden to you and your business.  Patent infringement matters can be very lengthy; further, the complaining party can potentially obtain a temporary injunction barring you and your business from engaging in the alleged infringement and putting a strain on your financial income.  However, there are a number of strong defenses that can be asserted in a patent infringement, including:

 

  • Noninfringement
  • Absence of Liability for Infringement
  • Unenforceability
  • Invalidity of the Patent
  • Earlier Inventor

 

Because of the complicated nature and technical facts involved in patent infringement suits, it is necessary to have experienced and knowledgeable attorneys to provide you the strong representation you need.  The attorneys at the Wilson Legal Group have years of experience in litigation of patent infringement claims and have taken numerous cases to trial successfully.  With their extensive experience and passion for protecting clients' rights, our attorneys will work tirelessly to defend your intellectual property.

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WILSON LEGAL GROUP P.C.

16610 Dallas Parkway, Suite 1000

Dallas, Texas 75248

+1 (972) 248-8080

info@wilsonlegalgroup.com

Mr. Wilson was extremely responsive and easy to contact. He quickly addressed the questions that I had and assisted me skillfully with my case.."

 

- Bart Looper, Looper Law Enforcement Brand

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WILSON LEGAL GROUP P.C. LAW FIRM

16610 Dallas Parkway, Suite 1000

Dallas, Texas 75248

+1 (972) 248-8080

info@wilsonlegalgroup.com

The law office of Wilson Legal Group P.C. represents clients nationwide and local clients from Dallas and other Texas areas, including Austin, Houston, Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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