What is a patent infringement lawsuit?

A patent infringement lawsuit is a legal action taken when an individual or business uses a patented invention without permission. In New York, a patent is a legal document that grants an inventor exclusive rights to make, use, and sell their invention for a period of 20 years. A patent infringement lawsuit is initiated if someone knowingly or unknowingly makes, uses, or sells the patented invention without permission from the inventor. In a patent infringement lawsuit, the plaintiff (inventor) must prove that the defendant (infringer) has copied their invention without permission. To prove infringement, the plaintiff may submit evidence such as photographs or drawings to show that the defendant’s invention is nearly identical or substantially similar to the patented invention. The plaintiff must also prove that the defendant was aware of the patent prior to making their invention and that the patent has not expired. If the plaintiff is able to fulfill the burden of proof, the court may order the defendant to stop using the invention and to pay damages to the plaintiff for lost profits or for the value of the patent itself. The court may also order the defendant to publicly acknowledge that they infringed upon the patent, or to pay the plaintiff’s legal fees. The outcome of a patent infringement lawsuit is determined by a judge or jury and can have a big impact on the inventor’s business.

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