Literal Infringement and the Doctrine of Equivalents

Patent Litigation Lawyer

When a business endeavor has poured countless hours and tens of thousands of dollars into the development of intellectual property, it can be devastating when another party infringes upon the patents that have been established to protect such property. The most clear and grievous affront to a patent is known as literal infringement, wherein the device, system or method of another party completely embodies every element enumerated by at least one patent claim. The manufacture or use of this infringing product without obtaining permission from the patent holder to do so via license, contract or waiver constitutes literal infringement. It is immaterial whether or not such infringement was intentional. A patent litigation attorney can help a company seek fair and full damages and to assist ably with patent protection and patent enforcement litigation.

In cases that do not fall squarely within the scope of literal infringement, the doctrine of equivalents is a legal rule that still protects patent owners against products designed in an equivalent manner to the patented invention. The goal of this doctrine is to provide a fair protection of patents to their owners, and as described by United States judge and judicial philosopher Learned Hand 'to temper unsparing logic and prevent an infringer from stealing the benefit of an invention.' In other words, although exact and literal patent infringement might not exist per se, when a competitor or other party designs and implements a product that takes duly earned benefits away from a patent holder, damages may be in order due to such infringement. Whether your business developed the patent or you are an NPE with rights of ownership acquired, the firm takes aggressive steps in protecting your rights.

Commercial Litigation Attorney

From high-stakes intellectual property cases to commercial litigation, ClearmanPrebeg LLP represents clients from all over the world. Their attorneys" distinct combination of inherent talents and proven experience creates an exemplary ability to provide full representation of their clients" best interests. From coast to coast and beyond national boundaries, the firm has had extensive success in providing outstanding legal counsel and achieving results for both individuals and companies of all sizes and natures.

Contact a Patent Litigation Lawyer as soon as possible to pursue a patent infringement claim.