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Patent infringement enforcement gives you several tools, from cease and desist letters to federal litigation, depending on the type of infringement and the strength of your evidence. The key factors are how quickly you act, how well you have documented the infringement, and whether the violation was willful.
We’re living in a world where intellectual property matters more than ever, and patent infringement remains a major issue.
In 2025 alone, juries issued nine-figure patent verdicts, including a $634 million award against Apple and a $949 million judgment against Intel, with total damages in the first half of the year exceeding $1.9 billion. Patent infringement continues to grow as AI, semiconductors, and biopharmaceuticals accelerate the pace of high-stakes innovation.
If you’re searching for how to file a patent properly or think someone is infringing on your patent, don’t hesitate to reach out to Gearhart Law’s team of award-winning patent litigation attorneys. We’re here to help inventors, startups, and businesses of all sizes protect their valuable ideas.
Recognizing Types of Patent Infringement
There’s more than one way to infringe on a patent. Recognizing the type of infringement is key to deciding on the best course of action.
- Direct Infringement: This happens when someone uses, makes, or sells your patented invention without your say-so. Here’s something many don’t know: knowledge of the patent isn’t necessary for direct infringement to take place.
- Indirect Infringement: It happens when an individual hasn’t directly infringed on the patent but has given a helping hand or influenced the infringement.
- Contributory Infringement: When someone provides a part of a product that helps in the infringement of a patent.
A Good Step to Take When Your Patent is Infringed Upon
If there’s strong evidence that someone, or another business, has infringed on your patent, start by gathering evidence to demonstrate the infringement. Use your patent file as your go-to resource. This file will exhibit proof that your patented idea or product has been approved by the USPTO and is being used without your permission
Should You Get a Patent Attorney?
Considering the intricate laws and guidelines around patent infringement and eligibility that continue to evolve, a patent attorney might become your most valuable ally. They’ll assist you in understanding all potential parties in your specific case that people sometimes miss: from the infringer to the contributory infringer and possibly even multiple infringers.
Analyzing the Patent
Before deciding if patent infringement has 100% occurred, it is important to fully grasp the patent’s scope. A patent is made up of a numbered list of claims by the patent.
After your attorney has reviewed your patent and sits down with you, they should lay out all possible options before jumping straight to a lawsuit. From a cease and desist letter to a possible settlement. Lawsuits, of course, may become the best or only option, but before investing the time and money, it’s always advisable to at least consider preliminary options.
Enforcing a Patent Infringement Judgment
If you’re past filing a lawsuit and you receive a judgment in your favor, there are multiple possible outcomes and scenarios to consider:
- Collecting Damages: If the court rewards damages, take steps to collect the awarded amount from the party responsible.
- Enforcing an Injunction: If the court grants an injunction, ensure that the party responsible complies with the court order and stops their infringing activities.
- Monitoring for Continued Infringement: Winning a lawsuit doesn’t mean you can forget about the market. You need to continue checking the market for ongoing infringement.
Patent Infringement Defenses and Counterclaims
As expected, the person or entity infringing on your patent will likely present various defenses and counterclaims to challenge the legitimacy of your patent or the alleged infringement.
- Invalidity: The infringer could argue that your patent doesn’t hold water due to a lack of novelty, obviousness, or non-enablement.
- Non-Infringement: The infringer might argue that their product or process doesn’t infringe on your patent because it doesn’t include all the parts of your patented invention.
- Laches and Estoppel: The infringer could argue that you’ve missed the boat to assert your patent rights because of unreasonable delay in taking legal action or making misleading representations that led them to believe they were in the clear.
- Prior Use: The infringer may claim that they were using the patented invention before you filed your patent, which could serve as a defense against infringement.
Patent Attorneys for Infringement Cases in New Jersey and New York
When patent damages regularly run into the hundreds of millions, enforcement is not just a legal decision; it’s a business one. Every month you wait is another month the infringer operates without consequence, captures your market share, and makes recovery harder.
The right attorney will identify potentially infringing parties, quantify what’s at stake, and build a strategy designed to protect your bottom line sooner rather than later. That’s the difference between reactive litigation and a strong enforcement strategy.
Gearhart Law has helped inventors, startups, and businesses across New Jersey, New York, and beyond protect what they’ve built. If your patent is being infringed, the question isn’t whether to act, but rather how quickly and strategically you do it. Reach out to our team to get started now.
Frequently Asked Questions About Patent Infringement and Enforcement
1. What constitutes patent infringement?
Patent infringement is when a patented invention is used, sold, manufactured, or imported without the consent of the patent owner. It does not matter whether the infringer knew about your patent. Direct infringement is a strict liability standard under federal law. If you think it is happening to you, talk to a patent attorney before drawing any conclusions.
2. What should I do if someone’s infringing on my patent?
Start by documenting everything. Gather evidence that your patent is valid, that the infringer is using it, and how long it has been happening. Then get a patent attorney involved before you make any contact with the infringer. How you approach the situation early on can significantly affect your leverage and your recovery options later.
3. How can a patent attorney help in cases of patent infringement?
A good patent attorney does more than file paperwork. They analyze your claims to confirm infringement, identify every infringing party, and map out a strategy before any lawsuit is filed. That strategy might start with a cease and desist letter and end in a licensing agreement, or it might go all the way to federal court. Either way, you want someone who has been there before.
4. What are the potential consequences of patent infringement?
The financial exposure is significant. Courts can award lost profits or reasonable royalties, plus attorney’s fees in cases of willful infringement. Under 35 U.S.C. § 284, willful infringement can result in enhanced damages of up to three times the original award in cases of willful infringement. The infringer may also be ordered to stop selling the infringing product entirely via court injunction.
5. How can I shield my patent from infringement?
Mark your products with your patent number, as failure to do so can limit your damages recovery for past infringement. Monitor the market and your competitors regularly and watch for new patent applications that overlap with your claims. And finally, if you spot potential infringement, do not sit on it. A proactive enforcement posture is the most effective protection you have as a patent owner. Reach out to our team to talk through your options.