Patent Infringement

Patent protection grants a limited-time monopoly over a new invention or discovery. To obtain this limited monopoly, an inventor generally must demonstrate through a patent application to the USPTO that the particular invention is patentable, i.e., that it is novel, useful and non-obvious.

Demonstrating that an invention is novel and non-obvious requires a search of prior art, which consists of the body of knowledge involving similar and prior products/processes, and an analysis of whether the public knew of the invention before the date upon which the applicant claims that it was invented. Given that novelty generally exists for only one year after the invention was disclosed to someone without a confidentiality agreement, it is essential that an inventor be diligent in pursuing a patent application. Those who obtain a patent have the right to exclude others from making, using, or selling their patented inventions.

Under 35 U.S.C. § 271, a patent owner can enforce its patent by pursuing an infringement lawsuit against anyone who makes, uses, offers to sell, or sells the patented invention without permission.

In determining whether infringement exists, a court will first examine claim construction, reviewing the claim language, patent prosecution history, written description of the specification, and, if necessary, extrinsic evidence in order to understand the patent. Then, the court will determine whether the specific product/device at issue infringes the claim, comparing each element of the patent’s claims to the allegedly infringing product/device. Generally, infringement exists where the elements match.

Working alongside our patent co-counsel, the Law Offices of Craig Hubble assists our clients in all aspects of patent law. Our colleagues have substantial experience in filing patent applications and obtaining patent protection, and we combine our litigation experience with an in-depth knowledge of patent law to help our clients achieve their business goals in patent litigation. In this regard, we represent clients both in enforcing patents and in defending against claims of infringement. Although based in Los Angeles, we are skilled in prosecuting and defending patent
infringement actions throughout the federal district courts in California.

Whether you have an invention that needs protection, another entity has infringed your patent, or you are the target of a patent infringement claim, contact us today for a free consultation as to your potential rights, remedies and defenses.