|
|
|
|
|
Litigation/ITC Matters Patent Infringement Defense The registered patent attorneys of McGinn IP Law Group, PLLC can assist you in dealing with accusations of patent infringement. In particular, the patent attorneys at McGinn IP Law Group, PLLC can assist you in the following: 1. If you have received a warning letter from the patent holder, we can respond to the letter and begin negotiations with the patent holder in an effort to avoid costly litigation. 2. We can assist you in determining a course of action to take in responding to the accusation. For example, we may recommend that you argue against infringement or attempt to invalidate the patent. If necessary, we may help you to "design around" the patent, in order to avoid infringment of the patent. 3. We can evaluate the patent and the accused device and provide you with our opinion as to whether the accused device infringes the patent. 4. We can determine if the patent may be invalidated, such as by an earlier patent or publication, or by inequitable conduct in obtaining the patent on the part of the patent holder. 5. If we believe that the patent holder has a reasonable argument that the patent is infringed by the accused device, we may recommend that you negotiate a license agreement with the patent holder which would allow you to continue making and/or selling the accused device by paying a reasonable royalty to the patent holder. If you or your company has been accused of patent infringement, please call Phil Miller at 703-761-4100, or click here to send us an email. Asserting Your Patent Rights The registered patent attorneys of McGinn IP Law Group, PLLC can help you assert your patent rights against infringers. In particular, we can assist you in evaluating the patent and the accused device. We can provide you with our opinion as to whether the accused device infringes the patent. We can also prepare and send a "cease and desist" letter to the infringer. We can also negotiate a settlement for past damages and/or a license agreement with the infringer to ensure that you are paid a reasonable royalty by the infringer making, using and/or selling the accused device. If you believe that your patent is being infringed, please call Phil Miller at 703-761-4100, or click here to send us an email. ITC Matters Section 337 of the Tariff Act of 1930 declares unlawful the importation into the U. S. of an article which infringes a U. S. patent. The U. S. International Trade Commission (ITC) located in Washington, DC investigates alleged violations of Section 337. Under Section 337, any company (foreign or domestic) with a demonstrated U.S. presence may, with a proper showing, obtain an Exclusion Order which excludes importation of infringing articles. Such Exclusion Orders are enforced by U. S. Customs and Border Protection (CBP) which seized $272.7million worth of goods for intellectual property rights violations in FY 2008 (e.g., see http://www.customs.gov/xp/cgov/trade/priority_trade/ipr/seizure/). The complainant may also obtain a cease and desist order barring the sale of any infringing products that are presently in a Respondent’s U.S. inventory. Section 337 complaints are also resolved relatively quickly. In a typical Section 337 investigation, the matter proceeds to trial within 9-10 months, and the entire proceeding is completed within 15-18 months. McGinn IP Law Group, PLLC is available to handle ITC matters for their clients. The ITC Practice Group is headed by Sean McGinn and Phillip Miller, both of whom are members of the International Trade Commission Trial Lawyers Association. | Return Home | About Our Firm | Our Attorneys | Our Agents | Litigation/ITC | Directions | Employment | THIS IS AN ADVERTISEMENT | |
||
