Dallas Patent Litigation Lawyers
At Gagnon, Peacock & Vereeke, P.C., the assistance our Dallas patent litigation attorneys provide goes beyond just helping you obtain a patent; we are available to help enforce your patent rights in court against an infringer. Additionally, if a patent infringement case is brought against you, we can help defend you and your rights.
Sometimes a product or process may infringe upon your patents, or other parties believe that your invention may infringe upon their patent. If you feel your intellectual property rights were violated, and if you believe your invention is threatened by others, you need to seek the advice of an experienced lawyer to help protect you and your business interests.
Our lawyers have several decades of litigation experience, which provides peace of mind to clients, assuring them that their case is in the hands of competent and skilled advocates who are fighting for them. We will pursue a strong legal strategy to help protect and defend your intellectual property rights. Contact our office in Dallas, Texas, at (214) 317-4448 or online to learn how we can help.
Why You Need a Lawyer
The rights to determine how, where, and why certain inventions are put into use or sale are protected by patents. If another business decides to use a patent in any way without the consent of the patent owner, this is patent infringement, and all actions from the use of this intellectual property should cease. If the person or business fails to stop using your patented material, you need the advice of a legal professional who is knowledgeable about patent infringement.
Proving that someone has infringed upon your intellectual property can be a challenging process. There are gray areas where it seems as if a patent or idea may be similar to yours, yet it is not clear if it qualifies as infringement, which is why hiring a patent infringement attorney is critical. A lawyer can help you determine if another person’s idea or creation infringes upon your rights. Not only are the technical similarities of inventions considered but also the legal and financial ramifications that are involved with patent infringement.
If you believe that your patent or invention is being used without permission, then you need an attorney that has experience with intellectual property and patent law on your side.
Why Choose Gagnon, Peacock & Vereeke, P.C.?
Gagnon, Peacock & Vereeke, P.C. has provided effective and aggressive intellectual property litigation for clients for over three decades. We represent a wide variety of clients in the Dallas-Fort Worth metro area and throughout Texas. Our attorneys know the hardships that you face with issues regarding patent infringement. Our team is committed to fighting for your rights as an inventor and ensuring that your patent is protected.
Our lawyers use a team approach in defending clients in intellectual property litigation disputes. This means that your case will benefit from many unique perspectives, ensuring that no detail or possibility is overlooked. Our attorneys understand the unique process that is involved with registering and protecting patents, and we’ll make sure that your business interests are protected every step of the way. We offer a free initial consultation to all clients so you can learn about your legal options risk-free.
Patent Infringement Claim Process
Today, the complexity of certain technologies and the value of intellectual property make issues of patent infringement in the marketplace hard to avoid. For issues regarding patent infringement‚ a person needs to establish that the product‚ process, or service falls under a patent that is currently registered. A patent infringement claim begins with the filing of a formal complaint. Once the complaint is received, a defendant has 21 days to file a response in federal court. A plaintiff in a patent infringement case has to prove that every element of the patent was infringed upon and that this issue caused significant damage to another party.
There is a discovery phase in which both sides conduct depositions and respond to document requests‚ requests for admission‚ and other matters. The case then proceeds into dispositive motions, such as motions for summary judgment and a trial. If the claim is contested‚ the court will hold a Markman hearing (held before or after the discovery phase) in which a judge will examine each party’s evidence to resolve the issue.
Types of Patent Infringement in Litigation
There are several types of patent infringement that can occur, including:
- Direct Infringement: Direct infringement occurs when a product that is covered by a patent is manufactured without the company or individual’s specific permission.
- Indirect Infringement: When a business or individual helps another party to infringe on a patent, indirect infringement occurs.
- Literal Infringement: When there is a direct correspondence between the words in a patent claim and the product that infringes upon it.
- Contributory Infringement: When a party supplies a direct infringer with a part that infringes on a patent.
- Willful Infringement: This type of infringement involves an intentional disregard for another business’s patent rights and may include both a direct and intentional copying of a patent or product.
If a court finds that the patent infringement was intentional and willful, the other party faces huge fines, which may include paying double or triple the amount of actual damages suffered by the patent holder and may also include their attorney’s fees.
Patent Infringement Litigation
Are you a patent holder who believes another person or entity has infringed on your patent?
We can evaluate your case and help you determine your legal options. We devise and pursue legal strategies that best protect your legal rights. Depending on the facts of your case, we may send or respond to a cease and desist letter on your behalf, or we may immediately file a lawsuit.
In either case, it is advisable to work with an attorney who has specific experience in intellectual property litigation. Not all attorneys do. We have sued both large and small companies for patent infringement and have obtained favorable outcomes for our clients.
Using any legal means available, our ultimate goal is to protect your patented property or defend you if you are wrongfully accused of patent infringement.
Patent Infringement Defense
Are you being sued for patent infringement?
Allegations of patent infringement are a serious matter. It is important to speak to an attorney about your situation to determine a course of legal action. In an effort to minimize costs for our clients, we dive deep and counsel our clients on the various legal options available. This may involve negotiating with the other party outside of court or taking other means to achieve an out-of-court settlement. Also, it may involve aggressively fighting for our clients’ rights in court.
Contact Us for a Free Consultation
With more than 30 years of experience, Gagnon, Peacock & Vereeke, P.C. understands the complexities associated with patent infringement and other intellectual property-related matters. We will vigorously defend your intellectual property rights in a court of law. If you are interested in scheduling a free consultation to discuss your Texas patent infringement case, please call us at (214) 317-4448 or contact us via email.