INTELLECTUAL PROPERTY LITIGATION

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY LITIGATION   Intellectual property Rights, Intellectual Property litigation is nothing but defending ones own work from the company or any other person who duplicated it. The inventor whose invention is infringed and sold in the market without his/her knowledge can raise a litigation case against the person who sells the product without the permission of the inventor.   Intellectual Property Litigation is a primary focus of Intellectual Property practice. Litigation includes legal actions to protect IP's against infringement and may result in monetary damages or an injunction against the infringement. Infringement occurs when another party makes, uses or sells a patented item without the permission of the patent holder.   Intellectual Property Litigation includes patent litigation and trademark litigation. Patent litigation is applicable only after the patent is granted or only to the patentee. The patent litigation may help the inventor in asking for the compensation of the product to which he/ she has patented. Trademark litigation involves a dispute over whether one party has encroached on the other trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration or packaging of a product line has been infringed. Unfair competition claims, often asserted together with trademark claims, can be made when a defendant product is likely to confuse the public as to the affiliation between goods, services or companies. It can also include false advertising. Trademark litigation cost varies substantially based on the case and the opposing party. According to one trade organization survey for the year 2000, the average cost through trial, where more than $1 million was at risk, typically ranged from $350,000 to $900,000 (depending on location), with the median being about $500,000. Most trademark litigation matters, however, are settled at a much earlier stage and at far lower cost. Although, like any other lawsuit, can be disruptive of business, the disruption to technical personnel tends to be less than in patent or trade-secret cases. To protect business assets and well worth it in appropriate circumstances trademark litigation is worth it.   Intellectual Property Litigation cases are as follows: Case 1: ABTOX, in two cases against Johnson & Johnson involving plasma steriles. The trial court granted summary judgment of non-infringement in favor of ABTOX on the two patents asserted by Johnson & Johnson. The summary judgment was affirmed in part and reversed in part on appeal. Subsequently, summary judgment was again granted in favor of our client in ABTOX v. Johnson & Johnson. In MDT Corporation v. ABTOX, Inc., defended ABTOX against patent infringement charges on two patents relating to plasma sterile. After motions for summary judgment and a mini-trial, the Court held the patents not infringed and dismissed the case. The Federal Circuit affirmed this decision on appeal.

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