Intellectual Property: Enforcing Patents
K. A. Zullow and R. A. Karmas. Goodwin Procter, New York, NY. Cereal Foods World 53(5):276-279.
In this column, we will discuss how to identify potential infringers and the interaction between business goals and the appropriate enforcement action, as well as provide an overview of litigation to address infringement. The rights that accompany an issued patent are not self executing. Although the patent holder has the right to exclude competitors from making, using, or selling the patented invention, the mere existence of a patent assure that infringing competitors will not enter the market. Patent holders must be vigilant in identifying potential infringers and taking appropriate steps in light of such potential infringement. The article goes on to discuss the phases of patent enforcement, filing of the lawsuit, interrogatories and requests for admission, depositions, and trial.