Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.
Two questions:
- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.
- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .
A:
This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories.
Let's get a PATENT lawyer involved here.... one who has experience with this sort of scum-bag.
You may not really know whether or not you are really infringing - so that's the first thing you need to do.
I would make contact and see if we can make this go away. It may even be a matter that should be reported to the state bar if the attorney should reasonably know the allegations are false.
Good luck.
A:
You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.
This takes some work. Often, there is at least one limitation that is totally missing. If so, then your lawyer can explain that in a letter. That may not end the matter. But it lets you know what sort of party you are dealing with. You may have innocently stumbled into infringement by devising a solution that infringes a solution that the other party patented. It happens. On the other hand, this party may be seeking to be compensated by parties that are not infringing their patent. That happens too as noted by the previous answer.
Good luck.
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