Suing A Foreign Patent Infringer

A foreign company sees your success in the U.S. market and copies your product, infringing your U.S. patent in the process. How do you make them stop?

Start with a cease and desist letter. The foreign company may simply not have examined whether your product or service is protected by a patent. Sending a letter explaining their infringement is often a good first step and may yield results. If they don't stop, the letter and the infringer's response could help establish personal jurisdiction or demonstrate willful conduct, potentially allowing recovery of multiple damages and attorneys' fees. An aggressive letter is not risk-free, however. It can enable the defendant to file a declaratory judgment in an unfavorable forum.