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I am a patent owner. I suspect patent infringement is taking place against my patent.

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  • You might want to specify the jurisdiction you have in mind. Otherwise the cases others cite might be irrelevant to you. Commented Oct 5, 2023 at 9:57
  • Where's the infringement taking place? Where do you own a patent? (Patents are only granted in one country and not internationally!))
    – Trish
    Commented Oct 5, 2023 at 15:53
  • While this is not a very good question, I have an easy answer to it, so I have provided one.
    – ohwilleke
    Commented Oct 5, 2023 at 17:06
  • The intermittent wipers and push-button ratchet wrench guys are fine examples.
    – Tiger Guy
    Commented Oct 6, 2023 at 13:19

1 Answer 1

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Yes, there are many examples of this happening in the real world.

For example, I once represented a patent owner in a legal malpractice case involving a patent infringement lawsuit that my client (an individual, natural person inventor) won against a Fortune 500 company in the U.S. District Court for the District of Colorado (i.e. a federal trial court), securing a huge money judgment in his favor that was easily collectible. His appellate attorneys then screwed up in connection with an appeal of his winning trial court judgment.

On appeal, in the end, my client lost everything he had gained in the trial court when the appellate court ruled against him on a key issue that his appellate law firm had done a very poor job of arguing in their brief. My firm sued the appellate law firm for malpractice (it was one of the most prestigious big law law firms in the world) and secured a very favorable settlement from this law firm in that case (any further details of the settlement are subject to a non-disclosure agreement).

While my client lost the appeal, and as a result, lost the judgment awarding him huge damages in enforcing his patent against the Fortune 500 Company, the outcome of his case in the trial court was not at all atypical.

Patent owners win in the trial court about 50% of the time in patent infringement lawsuits that are resolved by the courts on the merits. Patent owners who sue big businesses for patent infringement also favorably settle a lot of cases that never get decided on the merits and don't go to trial. So, lots of patent owners regularly win patent infringement lawsuits against big businesses for large damages, and most of the time (unlike my client's case), an appeal of that trial court win is unsuccessful.

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