Did you receive a cease and desist letter accusing your company of patent infringement? If so, it is normal to feel confused and overwhelmed, especially if you do not have much experience with the United States patent system. You need to be ready to take action in order to protect the legal rights and financial interests of your business. Here, at Maldjian Law Group LLC, our experienced patent law attorneys explain what you should do if you have been accused of patent infringement in New York or New Jersey.
Three Steps to Take If Your Business is Accused of Patent Infringement
1. Organize Your Product Information
In order to preserve attorney/client privileges and work product documents, with the assistance of your patent attorney, the first thing you need to do after receiving a patent infringement cease and desist letter is to gather and organize all of the information you have related to the product. This includes sales records, design records, patents held by your business, correspondence regarding the product, and any other documents or records related to the product in question. Ultimately, the more information you have in your possession, the better. This will be used to help build your defense against patent infringement, and potentially to provide the general basis for a counterclaim.
2. Access the Patent Details
Beyond your own business records, you should have your patent attorney take a look at the patent details. The United States Patent and Trademark Office (USPTO) has a comprehensive database that can be used to conduct a patent search. Using these records, your patent attorney can verify some important information about the patent held by the other company. For example, to start, your patent attorney should make sure the patent is still in force. From there, your patent attorney can move towards conducting an analysis of the patent infringement claim.
3. Seek Professional Legal Guidance
Finally, it is strongly recommended you continue to consult with your experienced patent attorney. You should never sign any agreement with the patent owner without first consulting your patent attorney. Your legal representative will be able to review the details of your case and craft a legal strategy to protect the best interests of your company. Depending on the specific facts of your case, several different options might be available, including:
- Modifying your product to avoid patent infringement;
- Enter into a licensing agreement with the patent owner; or
- Fighting the patent infringement claim directly.
Unfortunately, many patent owners are far too aggressive in trying to protect their rights. It is not uncommon for businesses to receive a cease and desist letter for patent infringement when there is no true underlying violation. Do not be intimidated by a cease and desist letter. Your business can assert its rights.
Contact Our Patent Law Attorneys Today
At Maldjian Law Group LLC, our skilled patent law lawyers are committed to providing top-quality legal service to our clients. If you received a cease and desist letter accusing you of patent infringement, we can help. For a fully confidential review of your case, please contact our law firm today. From our offices in Tinton Falls, NJ, and Manhattan, NY, we represent clients throughout the entire United States.