Litigation

The Firm's Attorneys have represented clients in all phases of patent, trademark, copyright and trade secret litigation. Injunctive relief (stopping the infringer from continuing to make and sell the infringing product); damages (including treble damages for willful infringement); attorneys' fees in some cases; and court costs are some example of redress the Firm's Attorneys have been able to achieve for our clients. The Firm's Attorneys have handled complex litigation not only in New Hampshire, but all across the country. In addition to guiding clients through the complex litigation process, the firm's attorneys have assisted clients in developing strategies to avoid or minimize dangers of litigation. For example, helping client’s identify and negotiate licenses at an early stage, obtain non-infringement opinions, or guiding clients in an initial design or a redesign of a product to avoid potential infringement of issued patent are a few examples of our ability to assist clients to avoid costly litigation.

In general the analysis of patent infringement involves a two step process. First, the claims of the patent are analyzed by studying all of the associated patent documents including the patent file history. Second, the claims, as properly interpreted must "read on" or cover the alleged infringing product. The claims are examined word for word to determine if each element in the claim can be identified in the alleged infringing product. Infringement may be direct, indirect, or contributory. Direct infringement involves anyone who makes, uses, or sells the patented invention. Indirect infringement involves anyone who actively encourages another to make, use, or sell the invention. Contributory infringement involves anyone who knowingly sells or supplies a product for which the major use is in violation of a patented invention. Good faith intent or lack of knowledge is no defense for direct infringement, but it can be for indirect or contributory infringement.

The firm's attorneys can help sort through these complex issues and address any litigation related concerns.