Patent Infringement Analysis

You worked hard to bring your product to market. Your business has invested time, money, and workforce power to develop the next big idea in your industry. But what happens when another party copies your idea, infringes on your patent, and threatens to disrupt your business? If you believe you are the victim of patent infringement, you need legal counsel. At DiBerardino McGovern IP Group LLC, our lawyers have more than 25 years of combined experience assisting companies of all sizes with patent infringement matters. We conduct a thorough analysis, determine if infringement exists, and provide you with a sound course of action on how to move forward.

Types of patent infringement

Our lawyers carefully investigate your patent claim to determine if any of the following types of infringement are present:

  • Direct infringement — Direct infringement is the most common type of infringement and occurs when a person creates a product without the permission of the patent holder. It is important to understand that a person does need to be aware that your product exists to be liable for patent infringement. If you own the patent for a product, another party cannot make, use, offer, sell, or import it without your consent.
  • Indirect infringement — This type of infringement occurs when a person/party does not directly infringe on your patent, but encourages or helps someone else to do so. Indirect infringement is broken down into 2 subcategories:
    • Induced infringement — Induced infringement happens when a person induces or persuades another to make a patent claim.
    • Contributory infringement — To be liable for contributory infringement, the infringer must knowingly provide a component or product that helps another party directly infringe on your patent. That component or product must not have any other rational use.

Should we uncover direct or indirect infringement on one of your patents, our lawyers take action quickly and work zealously to protect your intellectual property.

Drafting infringement analysis reports

After conducting a comprehensive infringement analysis, we generate a detailed report that explains if your IP has been infringed upon, if there is a future risk of infringement, and what your options are for remedying the indiscretion. Depending on your case and your objectives, a cease and desist letter may be all that is needed. On the other hand, litigation may be required. Regardless, our highly experienced team of patent attorneys is prepared to assist your business in or out of court.