North Wilkesboro, NC asked in Patents (Intellectual Property) for North Carolina

Q: we haven't made any money from our patents but they have been selling our building how do i get compensated

justrite manufacturers are making and selling our designs

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: If someone is selling items in the US that fall within the claim of one or more issued claims in an unexpired patent, then you can sue in federal court for patent infringement.

If it is a utility patent you can seek reasonable royalties. If it is a design patent, then you can sue for disgorgement of profits made from selling infringing goods. There are other damage remedies too.

This is very fact specific and does not lend itself to online Q&A boards. You need to consult with qualified patent counsel. Most cases settle and do not go to trial. You may be happy if they just stop selling infringing goods. I do not know what sort of tolerance you have for paying lawyer fees to chase the infringing party. It can be very expensive.

Keep in mind that a counter-punch from an infringing party is to seek to have the court declare your patents invalid. So you may end up going to court and losing your patents.

I am located in NC and can point you to some patent litigation folks. You may want to reach out directly KEF@FLYNNipLAW.com

I hope this helps.

Kevin E Flynn

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.