Patent litigation can be costly, time-consuming, and distressing, but if a small business adopts a proactive stance, it can increase its chances of success. This section explains how a small business can prepare for a patent infringement lawsuit.
Collecting Evidence and Building Your Case
Gathering evidence and building your case entails comprehensively investigating the contested patent and the accused product or process. To do so, a small business should collect documents and other evidence pertinent to the case, including technical documents, design documents, marketing materials, emails, and financial records. Additionally a small business must suspend any routine deletion or destruction of potentially relevant information.
Responding to Discovery Requests
Discovery is the procedure by which each litigant requests and obtains information from the opposing party. Parties will typically exchange requests for documents, written questions, requests for admissions and other information during a patent infringement lawsuit. Additionally, many courts have patent-litigation specific discovery rules that require early disclosure of infringement, invalidity, and other theories.
Failure to preserve information or to produce discoverable information may result in monetary sanctions and other penalties. The small business must collaborate closely with its attorney to comply with all discovery requests.
Preparing for Depositions
The small business may be required to participate in depositions or other pre-trial proceedings as the lawsuit progresses. Depositions are sworn interviews in which the parties query witnesses, obtain information, and discover the theories and positions of the parties.
The small business must collaborate closely with its counsel in order to prepare for these depositions and other pre-trial proceedings.
Understanding the Possible Outcomes of a Lawsuit for Patent Infringement
The modest business must be aware of the potential outcomes of a patent infringement lawsuit. If the small business is found to have infringed the patent, it may be required to pay damages to the patent holder and cease using or selling the infringing product or method.
If the small business successfully defends against the infringement claim, it may be able to continue using or selling the accused product or process uninterrupted. In an “exceptional case,” the defendant may be able to recoup some of its legal fees.
Conclusion
For a small business, preparing for a patent infringement lawsuit can be difficult and distressing. Nonetheless, a small business can increase its chances of success by collecting evidence, responding to discovery requests, and preparing for depositions and trials. In addition, it is essential for the small business to comprehend the potential outcomes of the lawsuit and to collaborate closely with its attorney throughout the legal procedure. In the concluding segment of this series, we will discuss methods for reducing the likelihood of patent infringement litigation.
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