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Securing a patent is a significant step in protecting your invention. But what happens when someone uses your idea without permission? Enforcing your rights might mean heading into court—but litigation isn’t always the best move. Sometimes, protecting your intellectual property means making tough business decisions.
At Gearhart Law, we help you assess whether taking legal action makes financial and strategic sense. This blog breaks down what to consider before filing a lawsuit and how we help clients weigh their options.
Understand What’s At Stake
Before you think about filing a lawsuit, it’s important to understand what you’re actually protecting.
Ask yourself:
- Is this invention bringing in revenue or attracting investors?
- Is the product in a competitive market with long-term potential?
- Has someone clearly copied your idea, and are they profiting from it?
We’ve seen clients understandably want to fight over principle, but in most cases, litigation should be driven by value—either monetary, strategic, or both. If your IP is generating income or plays a key role in your business plan, it may be worth enforcing.
Consider the Cost of Litigation
Litigation isn’t cheap, and it’s rarely fast. Patent cases often cost hundreds of thousands of dollars, sometimes more. Here’s a rough breakdown:
- Legal fees: Depending on complexity, these can add up quickly.
- Court costs: Filing fees, motion practice, and trial preparation.
- Discovery: Gathering documents, emails, and records can be time-consuming and expensive.
- Experts and witnesses: You may need technical analysis or damage calculations.
On top of these costs, the process can take years. If you’re suing a company with considerable legal resources, you may also be in for a long fight. That’s why we help you look at the entire picture, not just the infringement itself.
Weigh the Likelihood of Success
Even if you have a strong case, success isn’t guaranteed. There are several questions we’ll ask before recommending litigation:
- Is your patent strong and enforceable?
- Has it been challenged before at the USPTO?
- Is the alleged infringement clear, or open to interpretation?
- Does the other side have solid legal defenses?
Infringers often argue that the patent is invalid or that their product is different enough to avoid infringement. We’ll examine the strength of your patent claims, review how the examiner handled prosecution, and assess whether a judge or jury is likely to see things your way.
Look at the Bigger Business Strategy
Sometimes, it’s not just about one lawsuit. Enforcing your IP can play into a larger business strategy.
You might be trying to:
- Send a message to competitors that you take protection seriously.
- Block market entry to preserve your sales or licensing income.
- Position your company for acquisition by cleaning up infringement issues.
Other times, licensing the technology or settling with the infringer might bring a better return with fewer headaches. We help you think through short-term gains and long-term impact so you can make the most strategic move.
How We Help You Make the Call
Our job isn’t just to file lawsuits—it’s to give you a roadmap. When you come to us with a potential infringement issue, we’ll help you:
- Evaluate whether infringement has occurred.
- Calculate the costs of litigation and the likely financial return.
- Assess your patent’s strength based on prior art and prosecution history.
- Explore alternative options like licensing, mediation, or sending a cease-and-desist letter.
We don’t believe in jumping straight to court unless it truly makes sense. Our approach is always tailored to your goals and your bottom line.
Think Before You Sue—But Don’t Wait Too Long
Patent litigation isn’t a decision to take lightly. It can be an effective way to protect your invention and business interests, but it also requires time, money, and a realistic outlook. The key is knowing whether the potential rewards outweigh the risks.
If you’re concerned that someone is infringing on your patent—or if you’re unsure whether legal action is the right move—don’t wait. The sooner you evaluate your options, the more control you’ll have over the outcome. Contact Gearhart Law today to schedule a consultation. We’ll help you weigh the business and legal considerations so that you can move forward with confidence.