Almost all companies doing business today use complex, relatively new technologies, particularly including computing and telecommunication technologies, hoping those technologies are free from claims of ownership by others. Unfortunately, many businesses find themselves the targets of patent litigation. Fighting patent suits can drain a company’s resources and cripple its business and, if not handled successfully, can expose them to additional suits and future costs. Many of our clients also develop patent technologies and or otherwise hold patents that provide significant competitive advantages. We have an impressive record of success in enforcement of our clients' patent rights.
Our patent litigation attorneys understand not only patent law, but the science and technology behind the facts and the art of well executed litigation strategies. We are repeatedly recognized as having one of the top patent practices in the country and are frequently profiled by leading publications because of our high profile successes against some of the most persistent opponents.
With more than 200 patent attorneys registered to practice before the United States Patent and Trademark Office, many of whom have advanced degrees, and a variety of scientific specialties, and a litigation department of more than 170, we combine the technical know-how of a large patent boutique with the deep bench and resources of a large litigation firm.
We don't just litigate patent matters but collaborate with clients to identify the best strategy for the clients' business and counsel on the propriety of strategies, including injunctive relief, licensing agreements, reexamination, and declaratory judgment actions.
- Patent Reexamination
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We have extensive experience with both
ex parte and
inter partes patent reexamination proceedings before the United States Patent and Trademark Office. This powerful dispute resolution tool can provide both patent owners and challengers with an efficient forum in which to confirm or refute a patent's validity.
We have a proven record of winning cases both in and out of the courtroom and have experience in venues across the country, including venues known for patent litigation, such as the Eastern District of Texas, the Eastern District of Virginia, and the District of Delaware.
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- False Patent Marking
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Marking practices can be an important part of a company's patent enforcement and marketing strategy. Businesses that mark their products with patent numbers or language suggesting that products are covered by an issued or pending patent need to be aware of the significant number of false patent marking lawsuits that have been filed recently. Companies with concerns regarding their patents and potential exposure to false patent marking litigation can take a number of proactive steps.
Our patent attorneys counsel clients on patent marking policies and practices, correcting past mistakes and maximizing protection of current and future business assets. Appropriate patent marking audit and review procedures, documentation and monitoring efforts are essential for any business that marks their products or references patents in their advertising, as this can minimize exposure to false patent marking litigation.
When disputes become unavoidable, our attorneys are experienced in litigating false marking lawsuits. They have successfully represented multinational companies in a wide variety of industries, in matters filed in districts all across the country. Our attorneys take the time to review and understand the business goals and challenges of each client, bringing a depth of technical knowledge and legal experience to the complex matters faced by patent holders today.
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- Eastern District of Texas
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Almost 20 percent of the more than 380 patent suits we've handled in the past five years were in the Eastern District of Texas. With experienced trial judges, expeditious local discovery rules, and few criminal cases cluttering the docket, the Eastern District of Texas has become a very active patent litigation jurisdiction in recent years. The popularity of the Eastern District of Texas with patent owners has resulted, however, in significantly longer times to trial and other litigation intervals than was the case until recently. We know how to navigate the challenges facing defendants, as well as maximize the advantages for plaintiffs filing in this jurisdiction.
We invest the considerable time often needed to learn the details of our client’s industry, technology, culture, and business. Our team then develops a sound litigation strategy, with our client and with appropriate attention to the details, but with comprehension of and constant reference to the bigger picture.