If another party has infringed upon your intellectual property rights, then you may feel as if you have no other choice but to pursue legal action against them. You may be hesitant to take your case to court, as this is a significant time commitment that you must follow through with. Though, you must understand that the payout of a successful case may make this all worth it. Continue reading to learn how long intellectual property litigation is expected to take and how an experienced New Jersey intellectual property litigation lawyer at The Ingber Law Firm can work on your behalf.
Approximately how long does intellectual property litigation take?
Generally speaking, intellectual property litigation may take anywhere between one year to three years. The timing may largely depend on the type of proceeding at hand, such as an action, a simplified action, or an application.
What’s more, you may be at the mercy of the court, so the timing may be further extended due to their schedule. This may be the case if the county court is working through a backlog of cases and continues to postpone your trial date for weeks, months, or even years following your initial claim.
Understandably so, you may not have the privilege of waiting years for your infringement claim to be finalized and subsequently for your intellectual property rights to be restored. This is why, in the meantime, you may take proactive actions. For example, it may be in your best interest to send a cease and desist letter to the negligent party. This letter may explain to the negligent party how they are infringing upon your rights, while also demanding that they stop such infringing activities immediately.
In addition, if you are in the midst of your court proceeding, you may bring a motion to obtain an interlocutory injunction. This may prohibit the negligent party from continuing such infringing activities during the trial.
How long do I have to bring my infringement claim forward?
But before you can even get to trial, you must ensure that you submit your infringement claim within the state of New Jersey’s statute of limitation. That is, this time restraint is generally three years from the date on which the act of infringement occurred. Missing this deadline, even by just one day, may make all the difference for your opportunity to sue, recover your damages, and overall attain justice over the negligent party.
With all that being said, if intellectual property litigation is something you wish to kickstart today, then you must retain the services of a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm. We await sitting down with you and your initial consultation.