| How can I enforce my patent
rights?
When a patent owner believes that another individual or corporate entity
is infringing on his patent, he may file suit in federal court to enjoin
the infringer from the infringing or wrongful activity and to recover
damages from the infringer. The patent owner typically begins the
litigation process by informing the infringer of the infringing activity
and asking the infringer to cease the infringing activity. The patent
owner may also ask the infringer to provide an accounting of profits
attributed to the infringing activity. If the infringer does not cease
the infringing activity and provide a requested accounting, the patent
owner must bring suit to enforce his rights.
The federal courts have exclusive jurisdiction over all cases arising
under the patent laws. Thus, patent infringement actions must be brought
in a federal court having jurisdiction and venue over the alleged
infringing party. Jurisdiction and venue are very important for
determining where an infringement suit may be brought since many federal
courts are backlogged for up to several years. Currently, the Fourth
Federal Circuit has no backlog, and most patent cases can be heard
within six months from the date of filing the lawsuit.
Two tests are relevant for determining an appropriate venue for bringing
a suit. These include where the infringer resides and where the
infringer has committed acts of infringement and where he has a regular
and established place of business.
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