Patent Litigation And Infringement

Intellectual property is not an asset that you can touch, but it is crucial to the success of an entrepreneurial or business operation. This is why so much money is spent on protecting the rights to innovative ideas, distinguished processes and creative designs. Infringement of patent rights by a competitor can cost millions in damages or even put a company out of business.

Patent litigation and infringement is a specialized area of law that requires a mastery of not only the legal process but also the business and technological aspects related to these matters. Flynn + Peeler + Phillips, LLC, is a recognized name in courtrooms in Georgia and across the nation. The legal community respects our lawyers for their litigation skills and proven results in matters involving patent infringement.

Contact our Albany or Atlanta offices at 800-646-8799.

Strategic Representation For All Three Types Of Patent Infringement

Determining whether a patent has been infringed involves two essential steps. The first is to determine the scope of the patent. The second is to determine whether the process or product falls within that scope or so closely resembles it to be deemed infringing. Under Title 35 of the United States Code, there are three types of infringement.

  • Direct infringement: Anyone who actively manufactures, uses, offers to sell or sells an infringing product or process.
  • Induced infringement: Anyone who encourages or assists in the manufacturing, use or sale of a product or process that infringes a patent. Providing instructions on how to assemble the product is an example of induced infringement.
  • Contributory infringement: Anyone who knowingly sells or offers to sell a material component of an invention for infringing purposes, unless the item is considered a "staple article or commodity of commerce suitable for substantial noninfringing use."

Do You Have A Patent Litigation Matter To Discuss?

Whether you are the owner of a patent that you believe has been infringed or someone has accused you of the same, please contact our law firm. You can speak directly with a skilled attorney in a free initial consultation. Call 229-518-4050 or toll free at 800-646-8799 to schedule your appointment. You can also email us through our website, and we will contact you.