Patent Infringement Defense
The registered patent attorneys of McGinn IP Law Group, PLLC can assist clients who have been accused of patent infringement.
In particular, the patent attorneys at McGinn IP Law Group, PLLC can assist in the following:
1. Responding to letters accusing the client of patent infringement, and negotiating with the patent holder.
2. Evaluating the accusation and recommending a course of action to take in responding to the accusation (e.g., arguing against infringement, attempting to invalidate the patent, designing around the patent).
3. Evaluating the patent and the accused device and providing our opinion as to whether the accused device infringes the patent.
4. Determining if the patent may be invalidated, such as by an earlier patent or publication, or if the patent may be ruled unenforceable due to inequitable conduct in obtaining the patent.
5. If necessary, negotiating a reasonable license agreement with the patent holder.
For assistance in responding to an accusation of patent infringement, please call Phillip Miller or Sean McGinn at 703-761-4100, or click here to send us an email.
Asserting Patent Rights
The registered patent attorneys of McGinn IP Law Group, PLLC can assist clients in asserting their patent rights against infringers.
In particular, we can assist in evaluating the patent and the accused device, and provide the client with our opinion as to whether the accused device infringes the patent. If necessary, we can also prepare and send a "cease and desist" letter to the infringer. We can also negotiate a settlement for past damages and/or a license agreement with the infringer to ensure that the client is properly compensated by the infringer.
For assistance in asserting patent rights, please call Phillip Miller or Sean McGinn at 703-761-4100, or click here to send us an email.
Section 337 of the Tariff Act of 1930 declares unlawful the importation into the U. S. of an article which infringes a U. S. patent. The U. S. International Trade Commission (ITC) located in Washington, DC investigates alleged violations of Section 337.
Under Section 337, any company (foreign or domestic) with a demonstrated U.S. presence may, with a proper showing, obtain an Exclusion Order which excludes importation of infringing articles. Such Exclusion Orders are enforced by U. S. Customs and Border Protection (CBP). The complainant may also obtain a cease and desist order barring the sale of any infringing products that are presently in a Respondentís U.S. inventory.
Section 337 complaints are also resolved relatively quickly. In a typical Section 337 investigation, the matter proceeds to trial within 9-10 months, and the entire proceeding is completed within 15-18 months.
McGinn IP Law Group, PLLC is available to handle ITC matters for their clients. The ITC Practice Group is headed by Sean McGinn and Phillip Miller, both of whom are members of the International Trade Commission Trial Lawyers Association.
For assistance in bringing an action before the ITC, or defending an action before the ITC, please call Phillip Miller or Sean McGinn at 703-761-4100, or click here to send us an email.
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