What is a patent infringement lawsuit?

A patent infringement lawsuit is a legal action taken by a patent owner against someone who is accused of infringing upon the patent owner’s rights. A patent infringement lawsuit is initiated when a patent owner believes that someone has used, made, or sold the claimed invention of the patent without their authorization. Generally, patent infringement lawsuits are initiated in the United States District Courts. In a patent infringement lawsuit, the patent owner will allege that the defendant has violated their patent by making, using, or selling the claimed invention without their authorization. The patent owner will then seek injunctive relief which is an order granted by the court that prevents the defendant from making, using, or selling the invention covered by the patent claim. In some cases, the patent owner may seek monetary damages as well. The courts in Washington require that the patent owners show that the defendant has made, used, or sold the invention that is either identical or substantially similar to the invention claimed in the patent. The patent owner must also show that the defendant had knowledge of the patent and that their actions were potentially infringing. If the court finds in favor of the patent owner, the defendant may be ordered to stop the infringement, to pay royalties, and may be liable for damages.

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