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Litigation

Litigation includes conducting legal hearings to enforce intellectual property or to partially or completely revoke intellectual property. In most cases where a party is accused of intellectual property infringement, it will attempt to revoke or reduce the applicability of the intellectual property.

Intellectual property enforcement hearings are held in court. The purpose of these hearings is to obtain relief such as stopping the infringing use of intellectual property (for example, removing a copyrighted item from the Internet, stopping the use of a trademark that infringes a registered trademark, enforcing a license relating to the use of intellectual property, prohibiting marketing products that infringe a patent, boycotting design infringing products from customs), and/or receiving monetary compensation (for example, compensation for losses of a patent holder as a result of patent infringement, receiving profits that an infringer made from copyright infringement, receiving compensation based on the value of a common license in the field).

Since a trial can take years, it is possible to ask the court for a temporary order at the beginning of the trial. A temporary order can, for example, prevent the continued infringing use – and in many cases the hearing of the injunction decides the entire case.

Certain procedures can be conducted at the Registrar of Patents.

A patent application is examined by the Patent Office. When the Patent Office believes that a patent for an invention should be granted, it publishes a notice of acceptance in the patent log. An application for laconic objection may be filed within 3 months from the date of publication of the acceptance to the Patent Office. The objection request initiates a legal proceeding at the Registrar in which the parties exchange statements of claim and evidence and hold a hearing with the Registrar of Patents, submit summaries and make a decision. The decision may be appealed at the district court.

If a patent is granted, a patent revocation application can be filed with the Patent Registrar. In this case, too, the application initiates legal proceedings before the Patent Office.

A trademark application is reviewed by the Patent Office. When the Patent Office believes that a trademark should be granted, it publishes a notice of acceptance in the trademark log. It is possible to file, within 3 months from the date of publication of the acceptance, a detailed request for objection with the Patent Office. The application for objection sets in motion a legal proceeding at the Registrar in which the parties exchange statements of claim and evidence. The Patent Office uses its discretion as to whether to hold a hearing.

If a design is granted then a request to cancel the design can be filed with the Registrar of Patents. The application initiates legal proceedings before the Patent Office.

Our firm specializes in litigation in the field of patents and intellectual property.

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