FAQ On IP Litigation:
Answers To Some Common Questions About Intellectual Property Litigation
Disputes and litigation over intellectual property (IP), such as patents, trademarks and copyrights can make or break a company’s or entrepreneur’s opportunities for profitability through these assets. Whether you are a plaintiff bringing an infringement claim or a defendant responding to such accusations, Attorney Roland Tong can provide the advice that you need. Below are some questions that clients and potential clients often bring up, along with possible answers. For customized answers applicable to your unique concerns, schedule a consultation.
Question: Will a cease-and-desist letter put a stop to IP infringement? Can such a letter avert the need for litigation?
Answer: Cease-and-desist letters play an important role in many IP infringement cases, but they must be handled with care because they can backfire. A threatening letter raises the possibility that a potential defendant in a different state might drag you into court there, possibly at great cost to you. It’s also a big business distraction to possibly be countersued in a different state. You could open yourself up to a lawsuit you didn’t want.
Question: Are there less risky ways to assert one’s IP rights other than sending cease-and-desist letters to infringers?
Answer: One way would be to send a nonthreatening letter that doesn’t mention anything about a lawsuit. It might say something like this: “I noticed you have a product out there that may resemble our patented product. Please refer to our patent number. This letter serves as a friendly notice.”
Question: What if a defendant in an IP infringement dispute is more aggressive? What might happen?
Answer: A defendant may respond to a cease-and-desist letter by filing a lawsuit against you in their own state, in a venue of their choosing. To prevent this undesirable turn of events, file your lawsuit first but hold off on serving the complaint to the infringer. You can then sendthe cease-and-desist letter. If the other side files in their state, there may be ways to have such a filing removed if you filed your lawsuit first.
Question: If defending against a lawsuit will be very expensive, are there other resources to help with that defense?
Answer: Look into your business insurance policies. Sometimes, these policies have coverage for advertising injury. You might be able to tap into insurance to help pay for the litigation that you need to protect your intellectual property when advertising is part of the picture. Patent infringement is usually excluded from such insurance policies, but you may be able to get relief for lawsuits alleging advertising injury.
Question: What can you do when you are accused of patent infringement?
Answer: Please see our article on this exact topic, which lists eight possible ways to defend yourself in the event of a patent infringement claim against you.
Is IP Litigation A Threat To Your Business’ Success?
Indeed, IP litigation – over patents, trademarks, or trade secrets – may be critical to the success or failure of a business venture. Attorney Roland Tong is experienced and effective in asserting his clients’ rights and resolving disputes in ways that fit specific situations. To schedule a consultation, call 949-693-1537, text 949-331-2889 or send an email inquiry.
How Do I Respond To A Cease And Desist Letter:
Responding To A Cease And Desist Letter
In the context of intellectual property litigation, a cease-and-desist letter may or may not be based on actual patent infringement or another valid claim; it may be a tactic to gain advantage. A typical letter might not only tell a business to stop making, selling, importing or using a certain product; it might also ask for information about how many products have been produced, sold, imported or used. A common mistake is for a respondent to readily provide the other side with information that will be used as ammunition later on.
Cease and desist letters should be addressed and responded to in a careful, strategic manner with the assistance of an experienced intellectual property litigation attorney. A lawyer with appropriate expertise can review the assertion in the letter and determine whether it is valid. Since litigation may or may not be necessary, a great deal of time and money can be saved by dealing wisely with a cease and desist letter.
Complete an online contact form, call 949-693-1537 or text 949-331-2889 to schedule a consultation.
Providing Expert Advice When A Response Strategy Is Needed
Orange County cease and desist attorney Roland Tong represents parties in a variety of complex patent matters. He helps his clients answer critical questions like:
- How can I determine whether my product infringes on someone else’s patent?
- What if my product doesn’t actually infringe?
- What information should I provide to the other side, and when? What kinds of information could be used against my company or client?
- What if I received a cease and desist letter from out of state?
- How do you compare the patent claims with the accused product?
- How do I file a declaratory relief action in order to move litigation to a preferred venue?
- Did any inequitable conduct occur during the patent application process? Should the patent in question have even been granted?
If your business received a cease and desist letter, there are steps you can take to protect your interests. Attorney Roland Tong can help you plan those steps.
Contact An Orange County Attorney For Help With Product Infringement Issues
If you are seeking a Southern California lawyer with a history of success in patent litigation, complete an online contact form, call 949-693-1537 or text 949-331-2889 to schedule an appointment. Attorney Roland Tong offers a free initial consultation, competitive rates and alternative fee structures.
FAQ on Patents:
Answers To Frequently Asked Questions About Patents
The following are just a sample of the variety of questions that clients and potential clients bring to the attention of Attorney Roland Tong. For more information, explore this website, including blog posts, or request a consultation.
Question: What is patentable?
Answer: A patent protects rights to an inventor’s “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof,” according to federal law. A utility patent protects structural features and/or functional features of an invention. A design patent protects rights to ornamental or decorative features of an investigation. A plant patent refers to protection over a plant (a living thing). A patent holder possesses “the right to exclude others from making, using, offering for sale or selling” the invention.
Question: What is the difference between a patent and a copyright? Or between a patent and a trademark?
Answer: Each of these terms – patent, copyright and trademark – defines a type of intellectual property. As mentioned above, a patent protects an invention, such as a process, machine or manufactured object, a composition of matter or the new and useful improvement of an already existing invention. Copyright, on the other hand, protects an original artistic or literary work. A trademark protects words, slogans, symbols or designs that identify the source of a product or service.
Question: What happens when there is a dispute about a patent?
Answer: Disputes about patents may come up at several points in time before and after a patent has been issued. For example, an inventor may challenge the validity of another party’s patent that has already been issued. Or, once a patent exists, a patent holder may claim that another party infringed upon it. The owner of a patent may bring legal action against a supposed infringer on the basis that the defendant illegally made, used, sold, imported or offered for sale an innovation covered by the plaintiff’s patent. Patent litigation is a common occurrence – potentially costly but in many cases, ultimately rewarding for the winner (whether plaintiff or defendant). A patent litigation attorney’s experience can make a significant difference in the success or failure of such a lawsuit.
Get Answers To Your Questions
When it comes to patents and other types of intellectual property protections, there is no substitute for dialogue with an experienced patent lawyer. To schedule a consultation with Attorney Roland Tong at Roland Tong, Patent Attorney for Manning, & Kass, Ellrod, Ramirez, Trester LLP, call 949-693-1537, text 949-331-2889 or send an email inquiry.
Do I Need IP Protection For My Invention Or Device?:
Ask An IP Lawyer About Legal Protection Of Your Inventions
If you are serious about developing and marketing a new invention, this is something worth talking with an IP attorney about. You may already be in business making or selling goods and you have ideas for expanding your product line. The fact that you are wondering about this is a good sign that some legal advice could help provide the direction you need to take the next steps forward.
Who Is A Good Candidate For IP Advice And Assistance?
You may be a small-business owner looking to add more variety to your product line. For example:
- You may modify existing training aids for various sports, such as golf, fitness, and firearms, and seek a patent for them.
- You may manufacture toys for children and want to add toys for pets to your product line, or you may make dog collars and want to add pet toys to your list of goods for wholesale.
Any of these examples demonstrate that someone is very likely ready to get legal advice on patents and trademarks.