by attorney David Pressman
Misconception: If you change a patented product a fixed
percentage, say 20%, you won’t be an infringer. Fact: The
amount you’ll have to change a patented product to avoid
infringement is not subject to quantitative analysis, but rather
is determined by the breadth of the patent’s claims."
Misconception: That which you do in your own home or for your
own personal use will not infringe a patent that is otherwise
applicable. Fact: While “home infringement” may be
difficult to detect, nevertheless it is a form of infringement
that is legally actionable and can subject the infringer to paying
damages and/or an injunction prohibiting further infringement."
Help Catch Knockoffs
If you see a knockoff
that may be infringing Lindsay Patents or Trademarks please
contact us and report it. Include anything that might help a case. This could include internet ads, photos, screen shots, sales
receipts, links, etc. In addition, if you acquire any of the
following please provide it: infringer's name, street address, city,
country, phone number, email address, place of employment and even
address of employment will all be helpful since it could be used
to garnish the infringer's wages until damages, court, and
attorney fees are paid.
Email report to:
If you are an
infringer reading this, it is suggested you stop now and let us
know you are stopping. We have pursued legal action without
a preliminary warning in a previous patent infringement lawsuit.
Patent Infringement Violators Beware
Article by attorney, Nick Johnson
For those who believe that patent infringement isn't taken very
seriously in the United States, it's time to wake up and smell the
potential. Lawsuits are becoming increasingly popular as attorneys
are out for damages. Lawsuits have been cropping up like wildfire,
and attorneys have been doing their fair share to hold those
accountable to the fullest extent of the law. With optimized
research equipment and tools, violators will have a very difficult
time sliding under the radar.
Don't make the serious error in believing that only large
companies hire patent infringement attorneys and file whopping
lawsuits. Small companies and individual inventors are now
retaining top notch attorneys and going after those who are in
violation of laws. There is no longer a sense of tolerance for the
theft of another's inventive product. From entire inventions to
existing product enhancements, lawsuits mean serious damages, and
The true issue behind patent infringement is the inventor's
ability to successfully introduce his or her invention as his own,
and retain the rights of marketing and resale to profit from their
own ingenious. Laws were laid down to protect the inventor from
Until recently, lawsuits were rare, difficult to prosecute, and
in many cases not worth the effort. This is no longer the case.
Attorneys have brought to the forefront of business law just how
vital those laws really are, and the lawsuits which have followed
are quite obviously proof in the pudding.
While there are still cases of accidental patent infringement,
those cases are declining and more cases of intention, or willful
patent infringement are becoming the mainstay. Either way, a good
attorney can still bring a very successful lawsuit against an
individual or company for their violation. Attorneys have worked
hard in the past to pave the way for the current climate in
In many cases, these lawsuits are filed by big business. Kodak,
Coca-Cola, and other house hold name brands have brought lawsuits
against violators of patent laws. Patent protection is there to
protect both big business and the individual in the event of
patent infringement. These attorneys represent both big business
as well as the individual. As any attorney can testify to, patent
infringement harms big business just as fast as it harm the small
business or individual inventor.
These lawsuits are based on either direct or indirect patent
infringement. While it takes a knowledgeable attorney to explain
the finer details of patent infringement, there are various
avenues which can lead to it.
Direct patent infringement is the very obvious and blatant
theft of another's invention, product, or enhancement while
indirect patent infringement may mean an infringement of labeling
or even deceptive marketing. Lawsuits are not lost or won based on
the degree of infringement, rather they are lost and won based on
whether or not it occurred at all. Patent infringement attorneys
are the best resources for determining whether it has occurred.
Most attorneys can equate the theft of an idea with the theft
of intellectual material, as the ideas and inventions worth
stealing come from the unique minds of individuals who work in
very intelligent and unique ways.
These lawsuits seek to punitive rewards for those who steal the
hard work and ingenious of others. Patent infringement lawsuits
are becoming a necessity in today's society. If an individual
inventor or a company has been the victim of it, there really is
no reason to hesitate to file a patent infringement lawsuit.
Speaking with a qualified attorney can provide the knowledge base
necessary to determine whether or not a lawsuit is within the
company's or individual's best interest.
Violators of patent infringement need to beware of aggressive
attorneys. There is of course no honor in stealing from another,
and attorneys can expose an invention thief in open court during a
lawsuit. Given that option I would consider coming up with your
own ideas. A lawsuit is destined to wipe out the culprit, as
awards for it tend to be very high. Even the best representation
can not hide a patent violator from the truths that are revealed
in a lawsuit.
About the author of
Nick Johnson, lead counsel
and founding partner of Johnson Law Group, represents individuals
or companies with cases involving patent infringement. Find more
information at the
Johnson Law Group web site