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

  • 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

  • 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.

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