QUESTION
What can I do if my product is being manufactured and sold by others?
Asked on May 29th, 2011 on Patents - California
More details to this question:
My 'granted patent' is being manufactured/sold by people that I do not know/away from my party/rights. I was granted a utility patent from the USPTO recently. I was interviewed in the local newspaper and TV with videos describing my granted patent. Where I am living I was told that unknown people are manufacturing and selling my med device in flea markets and other places, like if they were the patent owner. I am not receiving any money for this. Please tell me the steps (in order) to combat this problem. Thanks in advance.
2 ANSWERS
Intellectual Property Attorney serving Spokane, WA
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Malhotra Law Firm, PLLC
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You should consider contingency fee litigation. Obtaining a patent only gives you a right to sue. Nobody will automatically enforce a patent for you. The average cost of a patent trial is over a million dollars. Are the damages sufficient to justify the cost of a lawsuit?
Answered on Jun 02nd, 2011 at 9:36 AM
You need to get an exemplar product, have an attorney construct a claim chart to determine if in fact it is infringing. The next step would be to send a cease and desist order. You might have other claims under the Lanham Act.
Answered on Jun 01st, 2011 at 9:31 AM