ELO aims to help clients enforce their intellectual property rights while still remaining mindful of their overall business objectives.




Innovation breeds imitation – in the world of creative endeavors this is simply, and often, an inevitable reality.


A patent is an instrument through which, in exchange for disclosure to the public, the U.S. government grants a “limited monopoly” to an inventor –i.e. the exclusive right to exclude others from making, using, selling, offering for sale, or importing unlicensed iterations of the patented invention into the U.S. A party who wishes to commercialize another’s patented invention in any form must enter a licensing agreement with the patent owner in order to secure the right to do so, or risk liability for infringement. On the other hand, patent owners can sometimes overestimate the scope of protection granted by their patent and may allege infringement against a non-infringer.


It is generally more cost-effective to resolve these issues amiably, without going to court. However, in the event patent infringement litigation becomes necessary, ELO zealously represents the interests of the client to the fullest extent. ELO puts clients’ interests at the forefront in every aspect, aiming to achieve the best results for both the short and long term, at a reasonable expense.


There are several forms of available remedies to an aggrieved patent owner and/or licensee that may stem from litigation. These may include injunctive relief, compensation for past infringement, measures to address future infringement, certain litigation costs, and in some cases even attorney fees (35 U.S.C. § 285) and/or statutory damages.


The basic relief for past infringement is the award of damages. While the law does not provide for maximum damages, it does provide a minimum, commensurate to the infringer’s gain from using the invention. Compensatory damages are designed to replace what the inventor has lost, and may cover reasonable royalties, or awards of interest. The court may also increase damages up to three times the amount decided by a judge or jury (35 U.S.C. § 284) –i.e. statutory damages in tort— for the willful, wanton infringement of a patent.


ELO recommends clients seek counsel immediately whenever they become aware of possible infringement. Certain considerations are important whether or not clients originally intend to go the litigation route, as no recovery may be had for any infringement that has occurred more than six (6) years prior to the filing of a complaint or counterclaim (35 U.S.C. § 286).


Alternative relief may also be available through the International Trade Commission (ITC) when the source of the infringing products is outside of the United States, and therefore beyond the reach of U.S. courts. Although compensation is not available through the Comisssion, the ITC may ban from import any products that infringe a valid patent.


ELO strives to help clients enforce their IP rights while still remaining mindful of their overall business objectives –contact the office directly for additional information or to schedule a consultation today!



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If you are seeking an intellectual property attorney, or if you are interested in trademark, copyright, or patent-related legal counsel, contact ELO to

schedule your free 15-minute consult today!


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Legal Notice: Any information herein does not constitute legal advice or endorsement.  All posts are for informational purposes only, as there are many factors and complexities that come into any legal matter, including patenting an idea.  ELO always recommends you consult with a qualified attorney if you want legal advice for your particular situation.
No attorney-client or confidential relationship exists by simply reading and applying the information or steps stated in any article herein.




Escalante Law Offices