What is a patent infringement lawsuit?
A patent infringement lawsuit is when a person or company has allegedly used or copied someone else’s invention without their authorization or permission. The person or company who created the invention can file a lawsuit and claim damages from whoever they believe used or copied their invention. In the state of Mississippi, any invention or product eligible for patent protection must first receive a patent from the US Patent and Trademark Office. This patent gives the creator the exclusive right to make, use, and sell their invention in the US. Once the patent is issued, any company or person that uses or copies the invention without the patent holder’s permission can be viewed as infringing on the patent holder’s exclusive rights and can be subject to a patent infringement lawsuit. The patent holder can file a lawsuit in state or federal court to stop and/or obtain compensation for the unauthorized use of their invention. If the patent holder is successful, the infringing party can be held liable to the patent holder for damages that include lost profits, damages to the patent holder’s reputation, and potential attorney fees and court costs. In extreme cases, the court may order that the infringing party pay the patent holder triple the amount that was awarded. In Mississippi, patent infringement lawsuits are civil actions, not criminal actions. This means that the patent holder will be seeking monetary compensation from the infringing party, not jail time. As such, the burden of proof is on the patent holder to prove that the infringing party actually infringed on their exclusive rights.
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