"Technology startups face a lot risk when bringing a new product to market," says Darin Klemchuk, patent trial lawyer. "We see young technology companies get into trouble with patent infringement, and often, it's because they weren't thinking about intellectual property rights early in the startup process. Fortunately for technology startups, the Federal Circuit has made it slightly more difficult for plaintiffs to obtain increased damages for willful patent infringement if the startup obtained and followed the advice of counsel before launching a new product."
By limiting the jury's role in determining whether a defendant willfully infringed a plaintiff's patent rights, the Federal Circuit has made the advice-of-counsel defense slightly more lucrative to startups.
About Darin Klemchuk:
Darin Klemchuk is co-founder and managing partner of Klemchuk Kubasta LLP, a Dallas-based IP boutique law firm that offers comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patents, trademarks, trade dress and copyrights. For Mr. Klemchuk’s full bio, click here. To contact Mr. Klemchuk, email him at darin.klemchuk@
About Klemchuk Kubasta LLP:
Based in Dallas, Texas, Klemchuk Kubasta LLP is an IP boutique law firm that offers comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides legal services relating to domain names, e-commerce, privacy policies, social media, Internet law, commercial and business litigation, technology transactions, and international business & trade. Additional information about the firm and its attorneys may be found at www.kk-llp.com.