At the same time, you should look into the alleged infringer
, to see if you could end up facing an infringement suit of your own.
Reverse Whois is a key tool brand owners can utilize for the pursuit, prioritization and prosecution of Internet domain infringers
, increasing the effectiveness of online brand protection and reducing the cost of investigation.
considering primarily what the infringer
However, if the infringer
is a much larger company, or it operates in a different industry, and you can prove infringement and reach a settlement with the infringer
, compensation for the use of your patent could turn out to be a very nice revenue stream
To recover its lost profits, the patent owner must show "causation"--that it would have sold products the infringer
sold if the infringer
had not infringed.
However, it is the authors' opinion that the damage model, based upon actual damages and profits, is usually the method that results in the largest and most predictable award and is generally elected except where infringements of multiple copyrights occur, or where the infringer
earns a small amount of profits.
The University of California, Coinell, Stanford, and NYU hit pay dirt pursuing patent infringers
Start by assessing how important your company's IP is, and how vulnerable it is to being infringed by someone else or having someone claim that you are the infringer
The first two conditions need to be proved by the infringer
, leaving the trade mark owner to prove that section 21 does not apply because the threat was justified.
of the patent now must answer only to the new owner and not to the prior owner.
rule that an infringer
has a "legal obligation to respect valid
A court then may order that the infringing activities be stopped via an injunction, and the infringer
may be liable to the copyright owner for monetary damages.