Someone Has Challenged Your Patent’s Validity. What Do You Do?

When you accuse another party of violating a patent you own, the first thing that usually happens is the opposing party asserts that your patent is invalid. If you have already filed suit against the infringing party, that opposing party will likely file a claim that your patent is invalid in the pending suit. On the other hand, if you have just threatened action against an infringing party, that infringing party may file a suit alleging patent invalidity against you in a jurisdiction that is favorable to them. What do you do?

Hopefully, before you accused the infringing party of violating your patent you had already retained a qualified patent attorney. That attorney likely already advised you of the risks that a suit could be filed against you if you asserted that someone violated your patent. Because of this possibility, sometimes it is important to file a patent suit in the jurisdiction you prefer before sending a letter threatening suit against an infringing party. On the other hand, sometimes it might be important to attempt to work through a potential infringement before a suit is filed. Every situation is different and therefore it is important to consult with a knowledgeable patent attorney before sending a demand letter to an infringing entity.

If you send a demand letter to an infringing party and they sue you in an unfavorable jurisdiction, you will then likely be faced with a decision of whether to proceed in the unfavorable jurisdiction or attempt to transfer the case to a place you would prefer. Again, knowledgeable legal counsel should be able to advise you on such matters. Either way, arguing that a patent is invalid is a big weapon for a party accused of patent infringement. Your patent becomes essentially worthless if a court finds it is invalid. Obviously, it is crucial to have effective legal representation when the validity of one of your patents is challenged.

To learn more, contact Austin patent litigation attorney, Austin business lawyer and Austin business litigation attorney Gregory D. Jordan at 512-419-0684.