How do you start a patent infringement suit? 5 Answers as of December 02, 2010

I have a patent, and I just saw a store selling a product that is practically identical to mine. How do I start proceedings to sue for patent infringement?

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Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
You should contact a patent attorney who deals with patent litigation immediately. He can explain your options to you and create a plan to move forward with litigation.
Answer Applies to: California
Replied: 12/2/2010
Fish & Associates, PC
Fish & Associates, PC | Robert D. Fish
Patent infringement is the exclusive domain of the federal courts, so you would need to file a complaint in a federal court that has personal jurisdiction over the alleged infringer. Please do note that patent infringement cases are very expensive to conduct. If you use an attorney, the cost to you will likely be $500,000 to $1,500,000 or more. If you try to conduct the case as a pro se plaintiff, you will almost certainly lose, regardless of the merits of the case. Sometimes you can get an attorney to run the case on a contingency basis, but even there the out of pocket costs that you will likely have to pay along the way will very likely be at least a hundred thousand dollars. Patent infringement cases typically take at least 2 to 3 years to go through trial, and then years after that to go through the appeal process.
Answer Applies to: California
Replied: 11/18/2010
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Contact a law firm that specializes in this. It does not matter what state you are in and what state the attorney you hire reside in. All federal court filings are done by email and most hearings are done on telephone. Choose wisely as the prices for a patent attorney vary dramatically.
Answer Applies to: Oregon
Replied: 11/17/2010
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
We can represent you in bringing a patent infringement suit. The process generally starts with a comparison between the claims of the patent and features of the accused device. You visit our website and if interested contact us for a free initial consultation.
Answer Applies to: California
Replied: 11/16/2010
Devon & Associates
Devon & Associates | Marcia A. Devon
An infringement analysis should be performed by a patent attorney. If a patent attorney determines there is infringement, a Complaint is filed in U.S. District Court which initiates the law suit.
Answer Applies to: California
Replied: 11/16/2010
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