Asked in Patents (Intellectual Property) for California

Q: Good evening, I need some help to know if I can challenge a alleged patent infringement. Can someone help? Thanks

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: If someone has asserted that you have infringed their patent. then there are two principle ways to defend your actions. You can assert that your product or service does not infringe any claim of the patent. You can also assert that the patent claims of the patent are so broad that they read on the prior art and are thus invalid.

This is not a DIY project. You will need help from competent patent counsel.

I hope that this helps.

Kevin E Flynn

Karima Gulick agrees with this answer

Karima Gulick
Karima Gulick
Answered
  • Patents Lawyer
  • Irvine, CA
  • Licensed in California

A: When receiving a patent infringement letter, you should assess the claim and do what we call an infringement analysis analyzing the cited patents and your work. As Mr. Flynn says, this is not something that you should handle yourself and should hire a patent professional to help with this.

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.