Patent Law in Action

Patent infringement lawsuits can be a convoluted kettle of fish, and it can go on for years. An ongoing one is between Canadian company Wi-LAN Inc. and Apple Inc. Wi-Lan first claimed that Apple had infringed on several of its patents in 2007 and the legal battle has raged on in Florida, Texas, and California.

Wi-Lan had made 5 claims against Apple so far and most recently lost its case regarding the patent for the iPhone in a Texas court in 2013. A San Diego judge recently ruled that two other patents Wi-Lan claimed was infringed by Apple were without merit a month before the trial date. Apple alleged in court that Wi-Lan has made a practice of making claims in bad faith, which suggests that the company practice patent trolling.

Patent trolling is generally defined as the practice of enforcing patent rights against an alleged infringer to collect license fees but the plaintiff is not in the business of manufacturing products or providing services related to the patent. Patent trolling is considered illegal in only a few states and there is no consensus on what is patent trolling and a good faith patent infringement claim.

Patent infringement cases typically costs a lot, and patent-owners that would like to assert their rights against big corporations will be battling some big guns. According to the website of a reputable Dallas patent lawyer, many law firms will claim to be able to handle patent cases but have no registered lawyers with the United States Patent & Trademark Office (USPTO). Registered USPTO lawyers would be in the best position to handle such cases.

When considering a case of patent infringement, it would be practical to consult with an experienced and registered patent lawyer with a good track record of success to take up the battle for you. Anything less would be a waste of time and money.

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