1. Question: I want to know where can II can find the latest intellectual Intellectual property Property infringement lawsuits.?
Answer: Intellectual Property lawsuits will be filed in the jurisdiction of the Plaintiff. Since most plaintiff Plaintiff’s law firms are based in Chicago, most many of Intellectual Property infringement cases will be filled in the plaintiff’s law firm location, that is sued in the can be found in the U.S. District Court for the Northern District of Illinois. You can rRefer to the official link here:
2. Question: My infringing product has been taken off the market a long time ago, . why Why is it that can the brand -owner law still can sue me ?
Answer: It is possible that The the infringing evidence may have beenwas collected several months ago. There is a toll tool called Time Machine, which is a commonly used forensic tool website in the United States, . It stores 90% of the deleted website content. The Even if infringing products have been sold 2 two years ago and have been taken off the shelves, the alleged infringer and can still be sued if evidence is obtained.
3. Question: Can I settle the Intellectual Property infringement lawsuit myself?
Answer: You can contact the law firm directly via email and request a settlement. If the
settlement terms are acceptable to you, you can settle the lawsuit. However, sellers
frequently contact law firms and receive no response. There are many possible reasons for
this. One reason is that some law firms tend to negotiate with American lawyers primarily,
due to the language barriers that often occur with sellers. For instance, a lawyer could file a
lawsuit against a seller, the seller would respond that he or she is not infringing, or sells
very little, and the law firm would not be satisfied with that response. At that time, the firm
would feel as if they have wasted time and money discussing the issue with the seller.
4. Question: The default judgment will soon be filed. What should I do if I have not received a reply from the other party's law firm?
Answer: Contact your lawyer as soon as possible.
5. Question: The default judgment has been entered in my case, can we still settle?
Answer: Contact your attorney to communicate with the Plaintiff’s firm, but the case
becomes much more difficult after the default judgment has been entered.
6. Question: It is difficult for me to pay the settlement amount to the account of the Plaintiff’s law firm. Why can't the other party provide a PayPal account or other accounts that are more convenient for transfer?
Answer: The settlement money is paid to the Plaintiff, which can only be transferred to the
trust account. However, some law firms provide PayPal accounts.
7. Question: Is it possible to release part of my restrained funds during the litigation?
Answer: Possibly. Ask your attorney to do it, but pay close attention to the timeline of this
motion, as it might be easier before preliminary injunction.
8. Q: If I win the case, can I ask the other party to bear the attorney's fees?
Article 258 of the United States Patent Law stipulates: “The court may award reasonable
attorney’s fees to the prevailing person under special circumstances.” In the United States,
the general practice is that both parties bear their own attorney’s fees. Therefore, awarding
a certain amount of attorney’s fees to the winning party is a special exception in American
law. Special cases include but are not limited to malicious infringement and malicious
litigation. For example, when the Defendant did not infringe, but the Plaintiff still insisted
on filing a lawsuit just to harass the Defendant’s business activities. (Note: reasonable
attorney’s fees are not all attorney’s fees, and attorney’s fees are awarded in special cases,
not in all cases.)
9. Question: Which Intellectual Property rights are registered in one country but are equally protected in other countries?
Answer: For copyright law, all countries that have signed the Berne Convention abide by
three basic principles: the principle of national treatment, the principle of automatic
protection, and the principle of copyright independence. No formalities are required. As of
September 2020, 179 countries in the world have signed this convention.
10. Question: In patent litigation, how does the United States law provide relief for infringement?
1. Injunctions: permanent and temporary;
3. Punitive damages;
4. Attorney’s Fees.
11. Question: A Temporary Restraining Order (TRO) is difficult to execute in the United
States. Why is it so easy for Chinese sellers to receive it today?
Answer: Because most of them don’t know how to fight back.
12. Question: Why is an experienced American lawyer important?
Answer: One of the key points of cross-border Intellectual Property litigation and settlement is
who represents you. In Intellectual Property infringement cases, only professional Intellectual
Property litigation lawyers know how to use the leverage of the law to reduce losses for sellers.
Further, only experienced lawyers know how to use strategic methods to effectively solve
problems and save time and costs.
13. Question: Will the lawyer's fees be high if I go through your lawyer? What are the advantages?
Answer: No. Choosing a foreign lawyer is currently a major challenge facing Chinese cross-
border companies. Not all lawyers can handle your case. First, we will match the most cost-
effective lawyer according to the needs of the client. This eliminates the difficulty of choosing a
lawyer for the client. Second, many clients do not understand the assessment of lawyer’s fees
with different qualifications, experience, and expertise. We will assist clients in negotiating an
acceptable lawyer fee. Third, there will be many problems in the process of the case. For
example, the information provided by the client is not accepted by the law firm or the court,
which delays progress. We will assign consultants with Intellectual Property qualifications and
overseas backgrounds to do every step of the work.
14. Question: What is my chance of success through your lawyer's litigation, arbitration, and settlement, and how much settlement money can I talk about? Is there a guarantee?
Answer: We do not make any guarantees, but all our litigation lawyers have years of experience
in the industry and will do their best to fight for the benefits of our clients. The settlement fee
depends on many factors such as the Plaintiff, the degree of infringement, the sales, the real sales
destination, the time of negotiation, and the plan handled by the lawyer you choose.