The infringement litigation process usually begins when one party files a lawsuit, known as the plaintiff, against another party, known as the defendant. The defendant then has an opportunity to respond to the allegations made in the lawsuit. After the initial pleadings, both parties engage in discovery, which involves the exchange of information and evidence relevant to the case. This may include documents, witness statements, expert reports and other relevant materials.
Following discovery, the parties may attempt to settle the dispute through negotiation, mediation, or alternative dispute resolution methods. If a settlement cannot be reached, the case proceeds to trial, where the parties present their arguments, examine witnesses, and present evidence before a judge or jury. Ultimately, the judge or jury delivers a verdict, determining the outcome of the case.
The patent invalidity process begins when a person files a petition with the USPTO. The petition must state the grounds on which the patent is being challenged, and must be accompanied by evidence. The USPTO will then decide whether the plaintiff has met the burden to show that at least one claim of the defendants patent is invalid. At that point, a proceeding ensues before the Patent and Trademark Appeal Board which comprises a panel of judges. Similar to a litigation proceeding, both sides put on their evidence and the judges decide whether to invalidate all or some of the claims in the patent.
Infringement litigation and invalidity proceedings can be complex and lengthy processes, often involving multiple stages and legal procedures. It requires the expertise of attorneys and agents who specialize in litigation and invalidity proceedings and have a deep understanding of the applicable laws and court procedures. Hollowell Patent Group often works with other firms specializing in litigation to provide the patent analysis which is foundational to a successful outcome. HPG has been serving clients for over two decades with litigations support and invalidity analyses all over the country with a track-record of winning results.
