The seeds of invention often require protection from the weather of today’s global competition. Carstens & Cahoon, LLP offers both the legal and technical insight needed for your intellectual property to prosper and grow. We are intellectual property attorneys dedicated to helping our clients protect their ideas so they can thrive in any environment.
Have you ever taken someone to court, based on ongoing offending activities of that person, won the case, and then found he/she was once again engaging in “the same” offensive activity? If so, you are probably aware that a Court Order is enforceable through a “Contempt Action” to prevent the person from engaging in the activity. Well, assume you own a patent, and a competitor infringes that patent – an ongoing tortious activity. Assume further that you sue the competitor in Federal District Court for patent infringement. And, during litigation, the competitor concedes the product it makes and markets infringes (some of) the patent claims. The district court issues an Order with an injunction enjoining the competitor from engaging in any further infringing activity, such as marketing or making the infringing product.
Imagine the embarrassment of having an email discovered during litigation where one of your employees exclaims that your new product probably infringes a competitor’s patent he has only just perused. Of course, it is sound business practice for companies to routinely review their competitors’ published patent applications and issued patents. Armed with this information, your company can make strategic business decisions. However, your company should take steps to avoid creating potentially harmful documents, emails and other correspondence that could be used against it in litigation.
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