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What do I need to know about IP litigation?

Intellectual property can be considered one of the most complex areas of the law. Part of this is because when you are dealing with intellectual property, you are truly dealing with something that is immaterial, something that is intangible. When dealing with a legal matter that concerns a patent, it is important to know exactly what to expect when taking the issue to a court of law.

Patent litigation:

It is a legal process where one party, typically a patent holder, is suing another party due to the wrongful use of their patent. The use that the other party has for that patent is usually illegal, in the sense that they are using the patent without the consent of the patent holder. This creates a legal problem in many ways because people will start to associate that patent in ways that were not intended by the patent holder. Also, that patent is their creation, therefore, it is their property. It is in their right to profit from their own patent.

The damage is almost always monetary and patent holders will look for just compensation by suing the infringing party. For this to happen, the patent holder must sue the other party and could potentially take the matter in front of a judge. This is where litigation begins.

How does this work?

There are various stages in the litigation process that can be very complex for people to understand. It is advisable for people to reach out to IP attorneys when facing a legal matter such as this one. IP matters are usually divided into four stages, which are:

  1. Filing the complaint
  2. Scheduling conference for the hearing
  3. Claim construction hearing till the end of expert discovery
  4. Pre-trial and trial

Diving deep into what these stages consist of can be hard to do. Again, it is important to rely on an IP attorney that can help you navigate the litigation aspect of your case to have a better outcome in trial.