Principal Attorney
If you or your company has been accused of patent infringement in Texas, it is essential to act quickly and strategically. Patent litigation can be costly, disruptive, and damaging to your business reputation if not handled properly. Fortunately, there are several legal defenses available that can help you fight back against these claims.
At Sul Lee Law Firm, we help businesses throughout Texas protect their rights when facing serious intellectual property disputes. Below, we explore key defense strategies you can use to contest a patent infringement lawsuit.
Understanding Patent Infringement
Patent infringement occurs when a person or business makes, uses, sells, or imports a patented invention without the patent holder’s permission. Accusations can arise in a wide range of industries, from software and electronics to manufacturing and healthcare.
In Texas, home to some of the busiest patent litigation courts in the country, including the Western and Eastern Districts, defending against infringement claims requires a tailored, knowledgeable approach.
Common Defense Strategies Against Patent Infringement
Here are several defenses commonly used to fight back against a patent infringement claim:
Non-Infringement
The most straightforward defense is proving that you did not infringe on the patent. This can involve demonstrating:
- Your product or process does not contain each element listed in the patent claims.
- Your technology operates in a substantially different manner than the patented invention.
A detailed comparison between your product and the patent claims is critical. Expert analysis and technical testimony often play a key role in building a non-infringement defense.
Patent Invalidity
If the patent in question should not have been granted in the first place, you may argue that it is invalid. Grounds for patent invalidity include:
- Prior Art: The invention was already publicly known, used, or published before the patent application was filed.
- Obviousness: The invention is an obvious combination of prior knowledge and does not meet the inventive threshold.
- Insufficient Disclosure: The patent fails to clearly explain how to make and use the invention.
In Texas courts, invalidating a patent can end the litigation entirely and may even open the door to recovering attorney’s fees in some instances.
Patent Exhaustion
The doctrine of patent exhaustion (also called the “first sale doctrine”) holds that once a patented product has been sold legally, the patent holder’s rights over that particular item are exhausted. If you obtained the product lawfully, the patent holder may not be able to claim infringement.
License Defense
In some cases, you may have an express or implied license to use the patented technology. This defense can arise if:
- You entered into a formal licensing agreement.
- Your conduct or the patent owner’s conduct created an implied license through behavior or communications.
Having solid documentation and communications can be crucial to supporting this defense.
Inequitable Conduct
Suppose the patent holder engaged in deceptive behavior during the patent application process, such as intentionally withholding material information from the U.S. Patent and Trademark Office. In that case, you may be able to assert inequitable conduct as a defense. If proven, this can render the entire patent unenforceable.
Early Strategic Considerations
When facing a patent infringement claim, early decisions can significantly impact the course of litigation. Some important strategic considerations include:
- Investigating the patent’s prosecution history for weaknesses or inconsistencies.
- Considering a reexamination or inter partes review (IPR) with the U.S. Patent and Trademark Office to challenge the validity of the patent outside of court.
- Seeking summary judgment on non-infringement or invalidity grounds to dismiss the case early.
- Negotiating a settlement if it is financially and strategically advantageous.
The right strategy will depend on the unique facts of your case, the strength of the opposing party’s claims, and your business objectives.
Why Hire a Texas Patent Litigation Attorney?
Patent litigation in Texas courts is complex and fast-moving. Having a skilled intellectual property attorney is vital to:
- Navigating strict court schedules and procedures
- Coordinating technical expert witnesses
- Developing strong, legally sound defense strategies
- Protecting your business reputation and minimizing disruption
At Sul Lee Law Firm, we work with businesses of all sizes across Texas to develop aggressive, customized defenses against patent infringement claims. Our team is experienced with Texas’s IP litigation landscape and committed to protecting your innovations and your business future.
Get Defense Help from Sul Lee Law Firm
If your business is facing a patent infringement lawsuit in Texas, don’t wait to seek experienced legal representation. With the right strategy and advocacy, you can protect your rights and fight back against costly and unfair claims.
Contact Sul Lee Law Firm today to schedule a consultation with an experienced Texas patent defense attorney.