Assessment of infringement
The law is very clear: In case you infringe somebody’s patent or trademark rights, you can be held liable – even though you were not aware the patent or trademark!
It may have serious economic consequences, if the sale and marketing of a product must be ceased due to other’s rights.
Our experts have extensive experience in assessment of infringement, and we base our conclusions on national and international case law for infringement. We have participated in infringement proceedings in Denmark and abroad, both as patent attorneys on behalf of patent proprietors and assumed infringers.
Furthermore several of our experts are appointed technically qualified judges at the The Maritime and Commercial Court and at the Western High Court in Denmark and are experienced court appointed experts in litigation.
We collaborate with the leading lawyers specialized in patent litigation, both in Denmark and internationally.
Do you infringe a patent or are you in doubt?
If you are in doubt whether your activities infringe a patent, we can help you assess if a patent covers your company’s activities. We can also conduct freedom-to-operate analyses, in order to establish the existence of any patent rights, which may dominate your products or activities. Such analyses could advantageously be conducted before a launch of a new product or before the initiation of a new project.
Invalidation, license or work-around
In case you realize that you infringe someone else’s patent, there are in principle three ways to proceed:
- Attempt to invalidate the right
- Petition a license to operate the patent
- Change your product in order to work around the patent protection
Combinations of these three approaches are also conceivable. We have the expertise to evaluate the various options in cooperation with you, and we also have the experience and network to realize the possibilities.
Is your patent infringed?
In case you believe or assume that your patent is infringed by a third party, we can help determine whether the activities of tge third party falls within the scope of your patent.
In the event of an infringement you can demand that third party cease their infringing activities. This way you can prevent potential competitors from entering the market. Alternatively, you can offer a license agreement, which allows the infringer to exercise the patented invention within the technical and geographical fields you allow.
Possible reactions in case of infringement range from solving the problem out of court to filing an injunction and/or suing the assumed infringer for infringement and damages.
We have the experience as attorneys, court appointed experts and technically qualified judges to help you assess how to best approach an assumed infringer.