What do you mean by "ran out" Did the patent expire at the end of its 20 year term from filing or did it lapse for failure to pay a maintenance fee. If it expired, unless the infringement started before the patent expired, there is nothing that you can do. On the other hand, if it lapsed for failure to pay a maintenance fee, it can be revived.
Answered on Sep 09th, 2015 at 12:05 PM