When a person or company invents a design, product, technology, or process, they may have spent large amounts of money, energy, and time at the drawing board to make their invention a reality. One of the first steps they probably took to protect their creation and interests was to get a patent.
Unfortunately, there are people and companies who ignore patents and make and sell products that are someone else’s patented invention. When this occurs, the unauthorized party can be subject to a lawsuit for patent infringement. The patentee may sue for relief, damages, and an injunction to prevent the continuation of that item.
A real life example of a patent battle includes the ongoing patent suits between Apple and Samsung. They have been battling the touchscreen functionality on mobile devices and the way a touchscreen interprets finger inputs. Apple is claiming Samsung, as well as Motorola, copied its touchscreen technology and is seeking damages. Also, Apple has claimed that Samsung has ripped off some of their designs and technologies.
However, Samsung recently filed a patent infringement lawsuit against Apple over its iPhone 5 and its use of 4G long-term evolution (LTE) connectivity. Samsung claims it owns several patents related to this speedy wireless service and is suing Apple for infringing on its technologies – further escalating this global battle between these two electronic giants.
The Reality of Patent Lawsuits
The infringing party may assert that the patent had expired, was invalid, that it received a license under the patent, that it was not practicing the patented invention, and more. In the end, one party wins and the other party loses. If the infringing party loses, they typically have to stop making and selling the product and have to pay damages and interest to the party who held the patent.
These patent battles can be lengthy and complex, which is why it is critical to have an experienced Texas business lawyer on your side in your patent war. Call the Voss Law Firm to make sure you take the steps necessary to protect your intellectual property rights. Call 888-614-7730 to talk with a Houston business attorney in a free, confidential consultation today. Plus, receive a free copy of our book, Business Disputes – Critical Information for All Business Owners.