If you have been accused of infringing a patent, you must understand the consequences that come with it and your defenses against such a claim.

The consequences of being found guilty in a patent infringement trial can cost you millions. If you are proven guilty of infringing a patent, you would be entitled to pay for damages to the plaintiff. These can include compensatory damages (including damages for lost profits, injunctions and, in some cases, even criminal sanctions. If the court asserts the infringement is willful, the compensation amount may be increased manifold.

With all the woes that come with being stuck in the quagmire of a patent infringement claim, you need a solid defense strategy to establish you did not violate IP laws. Your attorney will work on a suitable defense to establish you as not guilty of violating patent rights. This can be done by:

• Proving non-infringement: Involves establishing that your product or invention does not violate the patent claims.
• Proving invalidity: Another common defense against patent infringement is establishing to the court that the patent is invalid. You can do this by proving that the defendant did not disclose sufficient information to the examiner or finding relevant prior art.
• Negotiation: Negotiating with the plaintiff to find a way out can help settle the claim. Other defenses may include a first sale or repair doctrine or bringing up experimental issues. Your attorney will help you devise the best strategy for your patent infringement defense.