Patent infringement litigation, a subset of intellectual property ("IP") litigation, involves an IP owner suing one or more parties for their unauthorized making, using, selling, offering for sale, or importing of products and services that infringe one or more claims of the patent owner's patents. Such infringement can occur following good faith license negotiations between the parties when the patent owner confidentially shares the details of his or her patented invention and trade secrets with a party who later makes or uses the invention without the owner's permission. These disclosures sometimes occur under non-disclosure agreements.
Parties may also infringe an owner's patents by simply copying or using the patented technology without first seeking the owner's permission or obtaining a license to the owner's patents. Many companies are willing to risk such behavior because they expect that most inventors do not have the resources, will, or stamina to pursue them.
Moreover, recent rulings from the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Patent and Trademark Office have made it easier for companies with market power and armies of lobbyists and lawyers to steal IP, including patents, trade secrets, trademarks, and copyrights, that inventors have worked so hard much of their lives to research, implement, market, license, and sell. The courts' rulings favor these companies and ignore the sweat, blood, tears, and investment that go into developing and advancing the needed medicines and technologies that they invalidate on a daily basis. They justify their rulings based on hindsignt reasoning by looking years into the past and opining that the patent is obvious or abstract.
Corcoran IP Law was founded to obtain justice for the true inventors of our society whose inventions are revolutionizing our way of life. Corporations do not have a monopoly on creativity. They rely on ordinary people, like you and me, to create, market, and sell their products. When they run out of ideas, they look outside of their limited brain trust to other innovative sources to preserve their market shares and keep their shareholders happy by illegally misappropriating other inventors' intellectual property.
The U.S. IP laws do not permit such theft, and willful infringers can pay a hefty price for their callous business practices. Courts have discretion to double and triple damage awards for willful infringement and misappropriation. Courts may also award attorneys' fees and court costs to the IP owner in such cases.
Corcoran IP Law will thoroughly research your case and determine if you have grounds to sue for IP misappropriation. This research includes: (1) a comparision of your IP to a potential defendant's unauthorized making, using, copying, selling, offering for sale, or importing of your IP;
(2) a validity analysis to determine if any public information or publications printed before the priority date of your IP may invalidate your IP; and
(3) a damages analysis to determine the potential lost profits, royalties, and permanent injunction that you may be entitled to receive.