Intellectual property (IP) litigation may be a time-consuming and mentally draining process. This is why, before following through with this legal action, you must ensure that you are fully equipped with a sufficient amount of evidence to prove your argument. Continue reading to learn what evidence you need to provide for your IP case and how an experienced New Jersey intellectual property litigation lawyer at The Ingber Law Firm can help you obtain this.
How does intellectual property litigation work?
It is more than likely that your intellectual property dispute will be litigated in front of a United States federal district court, as per Article III of the United States Constitution. Generally speaking, below lists the sequence of events your intellectual property litigation may follow, assuming that your complaint is not dismissed, settled, or decided in advance of trial:
- You may submit a complaint that includes the subject matter of your claim, the facts surrounding your claim, and the type of relief you are seeking.
- The defendant may respond to your complaint within 20 days of being served, either with an admittance of truth, a denial of truth, or a denial of sufficient evidence.
- You and the defendant may enter the discovery process, where you exchange information on the evidence you wish to present in trial.
- You and the defendant may enter a pretrial order, where you disclose the claims and defenses to be tried in court before any evidence is presented.
- You and the defendant may enter trial, where you present your evidence.
- The federal court renders a decision based on its specific findings of fact and conclusions of law.
What evidence do I need to produce for my IP litigation?
As mentioned above, evidence is a pivotal component in your intellectual property litigation proceedings. But you must understand just what type of evidence is admissible in federal court, let alone what type of evidence is relevant in supporting your claim. More specific examples read as follows:
- Evidence of your intellectual property rights:
- A copy of the intellectual property in question.
- A copy of the intellectual property’s official registration.
- A receipt of payment of the most recent annual fee for the intellectual property register.
- Evidence of the defendant’s intellectual property infringement:
- Proof of the nature and circumstances of the defendant’s infringement (i.e., whether they made, used, sold, offered to sell, or imported an infringing product or service).
- Proof of the defendant’s willfulness to infringe.
- Proof of the defendant’s area and duration of infringement.
- Proof of the defendant’s channels and platforms used for infringement.
- Evidence of your reasonable expenses:
- Financial documents of the actual losses you suffered from infringement.
- Financial documents of the defendant’s profits earned by infringing.
- Receipts of your attorney fees, notary fees, travel expenses, translation expenses, etc.
At the end of the day, your litigation proceedings require a skilled Essex County, New Jersey intellectual property lawyer in your corner. So please get in touch with us at The Ingber Law Firm today.
