1445 E. Los Angeles Avenue
Simi Valley, CA 93065-2827
Toll Free: 866-LAW-PAT1
Patent Infringement Issues
Patent Law: The Right to Exclude, and You
At the Law Office of Michael Blaine Brooks, P.C., our patent lawyers assist California and other US (domestic) clients appreciate and, one hopes, cost-consciously resolve, patent infringement issues and other patent rights issues in the United States. We welcome prospective California and domestic clients seeking patent rights opinions, and international clients seeking patent rights opinions pertaining to United States patent law.
Innovators and developers of new technology must remain mindful throughout the commercialization process of the adverse impact patent holders may have on them once these patent holders are made aware, perhaps via advertising, of products or processes that may fall within the scope of the claims of their patents. Awareness of issued patents and pending patent applications that have been published during the prosecution phase allow the innovators and developers some degree of notice as to the extent they may proceed with the consideration of obtaining licenses or pursuing design-arounds for their commercialized inventions. For example, an unexpired patent may claim the combination of at least the following (i.e., "comprising") parts: A, B, C and D. A basic version of the commercialized invention is planned to have parts A, B, C, and E and the luxury version is planned to have parts A, B, C, D, and E. The luxury version will clearly infringe the unexpired patent claim because, although it adds a new part E and even if the addition of new part E is itself a patentable invention, the base composition of parts for the luxury product is A, B, C and D. The basic version (A+B+C+E) of the commercialized invention may infringe (A+B+C+D) unless: (a) the prosecution history of the unexpired patent has the patentee as applicant stating D is not E in order for the patent claim to be allowed over a cited reference; or (b) there is more than an insubstantial change between part D and part E, e.g., part E does not perform the substantially same function as D, in the substantially same way as D, in order to achieve substantially the same result as D.
Might this be a Case of Patent Infringement?
If you are concerned that you are infringing or may infringe one or more unexpired patents, our office may have the knowledge, experience, and technical background to help. We may be able to assist you by performing the following:
If you are concerned about a patent infringement, whether because of an informative letter or cease and desist action, then contact us, ask for patent infringement advice from a patent lawyer and schedule a confidential consultation or call Toll Free: 1-866-LAW-PAT1 (529-7281). Put our experience to work for you.
Is Another Party Infringing Your Patent?
Someone may introduce a product that is substantially identical to the article of your design patent and/or someone may execute a process or make a product or composition of matter that falls within the scope of at least one of the claims of your utility patent. If you are concerned or believe someone is infringing your patent, we may have the technical background and knowledge to provide you with the value-added service and advice you require. The firm is extensively versed in the background required for assessing patent infringement and performing the research regarding the prosecution history of the asserted patent, by fully appreciating and remaining current with patent laws and particularly those pertaining to claim construction and patent claim validity, and, importantly, perform these functions with the technical background necessary to research and understand the state of the art regarding the patent at issue and communicate cogently with the client. If your patent has issued less than two-years ago and you do not have a continuing application describing the claimed subject matter, you may wish to consider a re-issue application if the broadening of one or more claims appears viable. If you have become aware, after your patent issued, of prior art, i.e., literature published or patent applications filed before your invention date, that may have been pertinent to the patentability of your claims, particularly the claims you believe are being infringed, you wish to pursue the re-examination of your patent in light of the prior art before expending funds in federal litigation.
We are available to perform the following services on your behalf:
If you believe your patent is being infringed upon, contact our California patent infringement lawyer to schedule a confidential consultation or call Toll Free: 1-866-LAW-PAT1 (529-7281). Discover how we earned our international reputation for excellence.
US REGISTERED PATENT ATTORNEYS
Patent attorney Dr. Michael Brooks assists clients internationally (Canada, Europe & Asia), domestically (United States, from California to Washington, D.C.), and locally (California, including the cities of: Simi Valley, Los Angeles, Pasadena, Thousand Oaks, Woodland Hills, San Fernando Valley, Irvine, Newport Beach and the counties of Los Angeles County, Ventura County, Orange County, San Diego County, as well as throughout the Tech Forest of the Pacific Northwest, including Vancouver and Camas, Washington, and Portland, Oregon) with a variety of patent issues, including: utility patent prosecution, pre-patent services, patent infringement issues, and patent litigation support. If you need a patent lawyer, you need us.