Tort Memo - Patents Essay

637 WordsOct 13, 20083 Pages
After listening to the details of Mr. Twister’s situation, it is very clear that he is an unfortunate victim of patent infringement, meaning that there was unauthorized use of Tong’s patent. According to the Federal Patent Statute of 1952, Tong had received a legitimate patent for a novel, useful, and nonobvious device, and the Silly Suds Company should be stopped from producing similar devices in the future. Since patent holders own exclusive rights to use and exploit their patent, Tong is able to justifiably sue Silly Suds for patent infringement and is entitled to file a patent infringement suit in a court of law. Being that patents are protected by Federal law, Tong will have government aid in pleading his case for justice against Silly Suds. However, a large drawback in bringing a patent infringement case to court is the extraordinary expense. Patent lawyers are not cheap and will cost around $100,000 in fees prior to filing a case. On average, the total cost over the duration of a patent lawsuit runs from $1-1.5 million. The problem is that most small-time inventors lose out because while they are able to obtain a patent, they are unable to shell out the expenses to enforce it. It is unfortunate that patent law mostly benefits large corporations who have the resources necessary to protect their patents. Not knowing Mr. Twister’s financial situation and hypothetically assuming that he possesses the funds necessary to proceed with his case, Tong will most likely be entitled to significant damages and remedies. An itemization of the awards that Tong will be entitled to, is as follows: • Money damages that equal a reasonable royalty rate for the infringed products that were previously sold by the defendant. This means that for every Color-sorting laundry device that Silly Suds sold, Tong will be entitled to a portion of the revenue. •

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