For patent owners, infringement represents the theft of the innovation they invested years of research, development, and capital to create. For businesses accused of infringement, the stakes are equally high: patent infringement damages can reach millions or tens of millions of dollars, and an injunction forcing a product off the market can threaten the viability of the entire business. Whether you are a patent owner seeking to enforce your rights or a company defending against an infringement claim, patent litigation is among the most complex, expensive, and consequential areas of federal litigation. A Florida patent infringement lawyer at The Rubin Firm represents both plaintiffs and defendants in patent disputes, bringing the technical knowledge, legal expertise, and litigation experience these cases demand.
Patent infringement affects your bottom line. Call The Rubin Firm at (772) 283-2004, complete our contact form, or start a live chat.
How Patent Infringement Is Determined
The analysis of patent infringement begins with claim construction, the process of interpreting the specific language of the patent’s claims to determine what they cover. Claims are the legal boundaries of the patent, and the meaning of the claim language determines whether the accused product or process falls within those boundaries. Claim construction is a question of law decided by the judge, often at a hearing known as a Markman hearing (named after the Supreme Court’s decision in Markman v. Westview Instruments, Inc.). The outcome of claim construction frequently determines the outcome of the entire case, because the breadth or narrowness of the claim interpretation controls whether the accused product infringes.
Literal Infringement
Doctrine of Equivalents
Types of Patent Infringement
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Remedies for Patent Infringement
Prejudgment interest:
The patent holder may recover interest on the damages from the date of infringement to the date of judgment.
The Patent Act (35 U.S.C. Chapter 29) provides several categories of remedies for patent infringement
Compensatory damages:
The patent holder is entitled to damages adequate to compensate for the infringement, in no event less than a reasonable royalty for the use made of the invention by the infringer. Damages can be measured as the patent holder’s lost profits (when the patent holder and infringer compete directly) or as a reasonable royalty based on a hypothetical licensing negotiation.
Enhanced damages:
The court may increase damages up to three times the compensatory amount in cases of willful infringement. Enhanced damages are intended to punish deliberate infringers and deter future willful conduct.
Injunctive relief:
The court may issue a permanent injunction prohibiting the infringer from continuing the infringing activity. Since the Supreme Court’s decision in eBay Inc. v. MercExchange, injunctions are no longer automatic upon a finding of infringement; the patent holder must satisfy the traditional four-factor test for equitable relief.
Attorney fees:
In exceptional cases, the court may award reasonable attorney fees to the prevailing party. Under the Supreme Court’s Octane Fitness decision, exceptional cases are determined based on the totality of the circumstances.
Patent Infringement Defense Strategies
Defending against a patent infringement claim requires a multi-layered strategy that addresses both the validity of the patent and the question of whether the accused product actually infringes.
The Patent Litigation Process
Patent infringement litigation in federal court follows a structured process that typically spans one to three years from filing through trial, though many cases resolve through settlement before trial.
- Complaint and answer: The patent holder files a complaint identifying the patents, the accused products, and the basis for infringement. The defendant responds with an answer and may assert counterclaims for declaratory judgment of non-infringement or invalidity.
- Claim construction (Markman hearing): The court holds a hearing to interpret the disputed claim terms, which frames the infringement and validity analysis for the remainder of the case.
- Fact discovery: Both sides exchange documents, take depositions, and gather evidence related to infringement, damages, and validity. Patent discovery is often voluminous and technically complex.
- Expert discovery: Both sides retain technical experts and damages experts who prepare reports and are deposed. Expert testimony is critical in patent cases because the technology and the damages calculations require specialized knowledge.
- Summary judgment: Either party may move for judgment as a matter of law on issues including infringement, validity, and damages.
- Trial: Patent cases may be tried to a jury or to the judge. Jury trials are common in patent cases, and the presentation of complex technical evidence to a lay jury requires exceptional advocacy skills.
Inter Partes Review and Post-Grant Challenges
In addition to federal court litigation, patent validity can be challenged through administrative proceedings before the Patent Trial and Appeal Board (PTAB) at the USPTO. Inter Partes Review (IPR) is the most commonly used PTAB proceeding, allowing any party to challenge the validity of an issued patent based on prior art patents and publications. IPR proceedings are faster and less expensive than federal court litigation, with decisions typically issued within 12 to 18 months of institution. The PTAB applies a preponderance of the evidence standard rather than the clear and convincing evidence standard used in federal court, making it easier to invalidate patents through IPR than through litigation.
The Rubin Firm represents both petitioners seeking to invalidate patents and patent holders defending their patents in IPR proceedings. We also advise on the strategic relationship between PTAB proceedings and parallel federal court litigation, because the timing and outcomes of IPR can significantly affect the federal case.
Steps to Take in a Patent Infringement Situation
If your patent is being infringed
Document the infringement, preserve evidence, and consult an attorney. A cease-and-desist letter may resolve the dispute without litigation, but it must be carefully drafted to avoid unintended consequences.
If you are accused of infringement:
Take the accusation seriously, do not ignore demand letters, and consult an attorney immediately. Early analysis of the patent claims and the accused product can identify strong defenses and inform settlement negotiations.
Contact The Rubin Firm:
Whether enforcing or defending, patent infringement requires experienced counsel. Call (772) 283-2004.
The International Trade Commission as an Alternative Forum
For patent holders whose patents are being infringed by imported products, the International Trade Commission (ITC) provides an alternative enforcement forum through Section 337 investigations. The ITC can issue exclusion orders that direct U.S. Customs and Border Protection to block infringing products at the border, preventing them from entering the United States entirely. ITC proceedings move faster than federal court litigation, with investigations typically completed within 12 to 18 months. The ITC does not award monetary damages, but the exclusion order remedy can be even more powerful than a court injunction because it applies at the border rather than against a specific defendant, blocking all infringing imports regardless of their source.
ITC proceedings are particularly valuable for patent holders whose infringers are foreign manufacturers that may be difficult to reach through traditional federal court litigation. A Chinese manufacturer that sells infringing products into the U.S. market through Amazon or other e-commerce platforms may be beyond the practical reach of a federal court injunction, but an ITC exclusion order stops the infringing products at the border. The Rubin Firm advises clients on whether ITC proceedings, federal court litigation, or both provide the most effective enforcement strategy for their specific situation.
The Cost and Economics of Patent Litigation
Design Patent Infringement
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Serving Clients Throughout Florida
The Rubin Firm handles patent infringement matters for clients throughout Florida, representing both patent holders enforcing their rights and defendants fighting infringement claims in federal court and before the PTAB.
Referral Partnerships for Patent Infringement
Attorneys who encounter patent issues trust The Rubin Firm for experienced litigation counsel. Contact us to discuss a referral.
Frequently Asked Questions About Patent Infringement
What is claim construction and why does it matter?
Claim construction is the process by which a court interprets the specific language of patent claims to determine their meaning and scope. The interpretation of claim terms determines whether the accused product falls within the patent’s boundaries. Claim construction is often the most consequential proceeding in a patent case because it frames the entire infringement analysis.
Can I be liable for infringement without knowing about the patent?
Yes. Direct patent infringement is a strict liability offense, meaning knowledge of the patent is not required. However, willful infringement, which can result in enhanced damages, requires knowledge of the patent and deliberate disregard of the patent holder’s rights.
What damages can a patent holder recover?
Compensatory damages include lost profits or a reasonable royalty, whichever is greater. Enhanced damages of up to three times the compensatory amount are available for willful infringement. Attorney fees may be awarded in exceptional cases. Injunctive relief and prejudgment interest are also available.
How long does patent litigation take?
Patent litigation in federal court typically takes one to three years from filing through trial, depending on the complexity of the technology, the volume of discovery, and the court’s schedule. Many cases settle before trial. PTAB proceedings take approximately 12 to 18 months.
What is an Inter Partes Review?
An administrative proceeding before the Patent Trial and Appeal Board that allows any party to challenge the validity of an issued patent based on prior art. IPR is faster and less expensive than federal court litigation and uses a lower burden of proof, making it a powerful tool for challenging questionable patents.
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Your Patent Rights Are Worth Fighting For.
Whether you are enforcing your patents or defending against an infringement claim, the stakes are substantial. The Florida patent infringement lawyers at The Rubin Firm bring the technical knowledge and litigation experience these cases require.
Call (772) 283-2004. Complete our form or chat live.
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