Businesses and individuals who invest in obtaining a patent are often understandably frustrated when others begin selling knock-off products. After all, they’ve already gone through the time and expense of developing their product and pursuing a patent. But an issued patent does not automatically stop all infringement, but rather represents an enforceable right that must be enforced by the patent owner.
Of course, filing a lawsuit against the infringer is an option. But patent litigation is extremely expensive, with some estimates suggesting an average cost of $3.5 million. Even with a strong case and relatively simple issues, the cost of litigating can vastly outweigh any potential recovery from the other party.
Regrettably, these economic realities discourage many small businesses and individuals from adequately enforcing their intellectual property. At McCoy Russell LLP, we believe patent owners should not have to tolerate infringement, regardless of whether they can spend millions on a patent infringement lawsuit. Our attorneys are experienced with assisting clients with alternative enforcement mechanisms, such as submitting take-down requests through Amazon or other sites, which may be far less expensive than filing a lawsuit while still making a big impact toward curbing infringement.
