Litigation involves the legal procedures that follow, once one party feels that the other is violating their patent rights. This usually entails a patent infringement case under which the owner of the patent takes the other party (the infringer) to court for using, creating or distributing an invention or goods under the patent without the approval of the owner.
Litigation plays the most significant function in the enforcement of the patent and making sure that the persons who own these patents enjoy their monopoly on inventions for a particular period.
Another patent status is that litigation is essential in the protection of patent rights. Here’s why it matters:
It enables the patent holders to exercise their rights in relation to the inventions and bar people from using their inventions without permission.
The existence of a patent lawsuit may discourage others from deploying a technology that could violate a patent hence preserving the integrity of the patent.
Patent law and litigation thus contribute in ensuring that no competitor gains an undue advantage in the market through copying the work of others but only entices the market through rewarding the innovators.
Patent litigation involves several key stages, each designed to resolve disputes over patent infringement: Patent litigation involves several key stages, each designed to resolve disputes over patent infringement:
The procedure starts under the assumption of the patentee who files a patent infringement suit in a court of law. The complaint provides information on the patented invention, the infringement of the patent, and the prayer which can be in the form of damages and or an injunction restraining the defendant from continued infringement of the patent.
Discovery is the process by which both parties to the case assemble supporting evidence for the case’s allegations. This phase is usually characterized by the interchange of documents, deposition and assessment of a patent as well as the derivate product or service that is under scrutiny.
During the pre-trial stage, the parties may CC some motions in the trial to endeavour to solve certain problems or even have the case thrown out. Other motions are those in support of a motion for a summary judgment whereby a party will pray for the matter to be decided without any trial on the basis of the facts.
In the case of trial, the lawyers of both parties make their arguments and bring in their evidence and witnesses including the experts. The court then goes ahead to decide if the defendant has indeed infringed on the patent rights of the plaintiff and if so, the court is then called upon to determine which remedy is to be provided.
Post-trial after the rendition of a verdict, a motion can be made to vacate the verdict or change either the judgment or verdict. If the motions are denied, the party that was adverse to it can move to the appellate level to seek a review.
