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
  • Patents Lawyer
  • Pittsboro, 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

I hope this helps.

Kevin E Flynn

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