What is an Infringement Lawsuit?
An Infringement Lawsuit is a legal action filed by a patent holder (plaintiff) against an alleged infringer (defendant) for unauthorized use, making, selling, or importing of a patented invention. The lawsuit seeks to enforce the patent holder’s exclusive rights and may result in damages, injunctions, or licensing settlements.
Patent infringement cases are governed by national laws (e.g., 35 U.S.C. § 271 in the U.S.) and may be litigated in federal courts, patent-specific tribunals, or international trade commissions.
Why an Infringement Lawsuit matters for Patent Holders and Businesses?
Filing an Infringement Lawsuit allows patent owners to:
- Protect market exclusivity – Prevent competitors from unlawfully copying patented technology.
- Claim financial compensation – Recover damages, including lost profits and royalties.
- Stop ongoing infringement – Secure injunctions to prevent further use of the patented invention.
- Strengthen patent value – Demonstrate active enforcement, deterring future infringement.
How an Infringement Lawsuit works?
1. Filing the Lawsuit
- The patent holder files a complaint in the relevant court, outlining the patent, the infringing activity, and damages sought.
- The defendant is formally notified and given time to respond.
2. Claim Construction and Evidence Gathering
- The court interprets patent claims to determine infringement scope.
- Both sides conduct discovery, gathering technical, financial, and expert witness evidence.
3. Trial or Settlement Negotiation
- Cases may go to trial, where a judge or jury determines whether infringement occurred and what damages apply.
- Many cases settle out of court through licensing or financial agreements.
4. Damages and Injunctions
If infringement is proven, the court may award:
- Compensatory damages – Lost profits and reasonable royalties.
- Enhanced damages – Up to three times the actual damages for Willful Infringement.
- Permanent injunctions – A court order preventing further infringement.
Example: A pharmaceutical company sues a generic drug manufacturer for patent infringement, claiming unauthorized production of a patented medication. The court orders the manufacturer to cease production and pay damages.
Challenges in Infringement Lawsuits
Patent litigation is complex due to:
- High legal costs – Lawsuits can cost millions in attorney fees and expert testimony.
- Lengthy trial durations – Cases often take years to resolve.
- Defensive counterclaims – Defendants may argue patent invalidity or seek to invalidate the patent.
- Global jurisdiction issues – Enforcing patents internationally requires multiple legal actions.
Strategic Business use of Infringement Lawsuits
Patent holders file lawsuits to:
- Negotiate favorable licensing agreements before or during litigation.
- Protect innovation investments by stopping unauthorized use.
- Strengthen patent portfolios by proving active enforcement.
- Deter future infringement by setting legal precedents.
Did you know: You can use Global Patent Search tool to detect infringement and strengthen your enforcement strategy. Start your search today: Global Patent Search.
Frequently Asked Questions on Infringement Lawsuits
1. What steps are involved in a patent infringement lawsuit?
A lawsuit begins with the patent owner filing a complaint in federal court. The accused party (defendant) responds, and both sides engage in discovery, where evidence is exchanged. If no settlement is reached, the case goes to trial, where the court determines infringement and potential damages.
2. What remedies are available in a patent infringement lawsuit?
Remedies include monetary damages (lost profits or reasonable royalties), injunctions to stop further infringement, and in cases of willful infringement, up to triple damages. Courts may also award attorney fees in exceptional cases.
3. How long does a patent infringement lawsuit take?
A lawsuit can take several months to years, depending on complexity, court backlog, and whether appeals are filed. Some cases settle early, while others go through full litigation, including trial and possible appeals.
4. Can a company defend against a patent infringement claim?
Yes, defenses include challenging the patent’s validity, proving non-infringement, or showing the patent expired or was licensed. Some companies use the prior art defense, arguing the patented invention was already publicly known before the patent was granted.