Experienced California Patent Attorneys Represent Inventors in Infringement Actions
Respected litigators handle claims of unauthorized copying on behalf of clients in the San Francisco area
As a design, utility or plant patent holder, you have the right to reap the rewards of your original work. If a person or business copies your invention and uses it for their own benefit, they may illegally infringe on your patent. The attorneys at King & Kelleher, LLP gather evidence, conduct research, interview witnesses and take other actions to help you make a strong patent infringement case. We work on behalf of individuals and businesses throughout California to protect their original ideas.
Experienced attorneys help patent holders prove infringement
Under federal law, the patent holder is responsible for showing that infringement occurred. Our attorneys meticulously review your invention and the infringer’s actions before determining a legal course of action. We will consider whether any of the following occurred:
- Direct infringement — When a non-patent-holder makes, uses, offers to sell, or sells a patented invention in the United States or U.S. territories, they directly infringe on the patent holder’s rights.
- Contributory infringement — Direct infringement must occur in order for contributory infringement to occur. A company that supplies the direct infringer with parts that were made specifically for use in a patented invention may be guilty of contributory infringement.
- Induced infringement — This is a type of indirect infringement. A defendant who actively assists or encourages violation of the patent by another party can be held liable for induced infringement.
To qualify for patent protection, an invention or improvement must be novel, nonobvious and useful. In many cases, the defendant will try to claim that infringement didn’t occur because your patent isn’t valid. Courts will examine the language included in your patent and the circumstances surrounding it to determine whether the defendant’s actions were wrongful or justifiable.
Determined lawyers seek injunctions and compensation
At King & Kelleher, LLP, we get to work immediately to collect the evidence needed to show infringement occurred. Our attorneys can then go to court to seek an injunction that bars the infringing party from making or selling your patented designs or products. We can also present an evidence-backed argument for you to receive full compensation for damages incurred.
Whether the infringement was willful or accidental plays a role in the outcome you can expect. Companies that continue to copy a patent holder’s work after being informed of the infringement claim will often face greater penalties than those that halt their activities upon receiving notice.
There is a six-year statute of limitations for patent infringement claims. If you believe someone has stolen your ideas to use as their own, it is wise to contact an attorney as soon as possible.
Contact meticulous California patent infringement attorneys
When others take advantage of your ideas, they can deprive you of the respect and profit you deserve. For help defending your patent against infringement, contact the intellectual property attorneys at King & Kelleher, LLP. Call us at 415-781-2888 or contact us online to schedule a consultation at our San Francisco office.