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Los Angeles Patent Infringement Attorney
California Patent Infringement Law
Los Angeles is a growing city full of creative and inventive people. While this can be a great community for sharing ideas and developing new businesses, it can also lead to a competitive and cut throat environment. Individuals may seek to duplicate the work of others to gain profit.
What is Patent Infringement?
The unauthorized making, using, or selling of any patented invention is considered patent infringement. Patent infringement typically falls into two categories—literal infringement and infringement under the doctrine of equivalents.
Literal infringement is exactly as it sounds. Every element in a given device or process is identical to the infringing one. Under the doctrine of equivalents, a process or device doesn't have to be exactly the same, but if the device performs the same function, in the same way, to the same end, it can be considered infringement.
Recovering Damages for Patent Infringement in CA
If your patent has been infringed upon, you may decide to take legal action. As the owner of a patent, you can ask the court for an injunction to stop the infringement by another individual or company and file for an award of damages for the infringement.
Since patents are available for the public to observe, any other person may steal your patent to compete with your business. Even if unintentional, the rightful patent owner is owed compensation if their invention is used without authorization. The burden of proof is on the owner of the patent, often making it difficult to secure the justice deserved in an infringement case. This means it is crucial for you to have the right Los Angeles patent infringement attorney on your side.
At The Mirkhan Law Firm, we provide the following services to our clients:
- Enforcement of patent rights against infringers
- Investigation of patent validity
- Negotiation and settlement of disputes
If someone else is found to have infringed upon your patent, you may be eligible to receive injunctive relief, three times the normal amount of damages for willful infringement, and possible compensation for attorney's fees.