Industrial Technology Patent Attorney

Industrial Technology IP Law

Patent Disputes & Litigation

The practice of each of our lawyers includes both patent disputes & litigation and patent drafting & prosecution. That practice mix maintains our expertise in attacking and defending patents in litigation, and also helps us improve the enforceability of the patents that we write. 

Patent Disputes: We provide support for all aspects of patent litigation, including analyzing patent infringement, validity, and enforceability issues, handling all aspects of discovery and patent claim construction, and more. These matters may involve raising or defending against accusations of direct infringement or indirect infringement (i.e. inducement or contributory infringement). 

Plaintiffs & Defendants: Clients turn to us for our experience, knowledge, and technical expertise. We have been on both sides of a patent dispute. In each case, we first listen carefully to our client, and then apply our deep technical and legal experience within the scope of our lead or supporting role, to help our client meet its objectives. 

Tech Expert Declarations and Depositions: All of our partners have more than one engineering degree, engineering industry experience prior to the practice of law, and patent litigation experience. Hence, we are very effective deposing and cross-examining our opponent’s technical experts to ensure that their opinions don’t deviate from the truth. 

Settlement Negotiations and ADR: Settlement negotiations and alternative dispute resolution (ADR) proceedings are often the first or best opportunity to ensure that the opposing party learns about the weaknesses in their case, without reframing or filtering from their own counsel. An effective presentation may soften the opposing party’s settlement position. 

Appellate Litigation: We prepare and file appellate briefs on behalf of our clients (if necessary), particularly in cases before the U.S. Court of Appeals for the Federal Circuit, and we prepare for all aspects of oral argument as well. 

Clearance Searches & Opinions: We have the credentials and experience to provide our clients with clearance opinions and right-to-use investigations that they can reasonably rely upon to manage business and litigation risk. 

Patent Invalidity Searches: Often the USPTO does not find the closest prior art before granting a patent. We can conduct or commission a more thorough search, for example during or in anticipation of litigation, which may identify invalidating prior art that can be used to motivate favorable settlement. 

Pre-litigation Negotiations and Litigation Avoidance: In many cases, litigation can be avoided altogether in the pre-litigation phase of a dispute, if an adversary is guided to make a realistic assessment of the case-specific risks, costs, and potential benefits. 

Pre-Trial Case Prep & Motion Practice: In patent litigation, cases can include drafting and filing complaints or answers, document discovery, etc. In every patent litigation matter, we are careful, experienced, and competent to develop the most favorable pre-trial record for our client. 

Trade Secret Disputes & Counter-claims: Trade secret disputes can arise when a business competitor or former employee is accused of actually or inevitably misappropriating a trade secret. We have substantial experience in trade secret disputes, and in advising our clients on the best way to legally protect product and process innovations. 

Patentability Opinions: Before filing an application for a patent, we can work with an inventor to search and review the related prior art. This can help businesses and individuals determine whether the scope of patent coverage is likely to justify the costs to obtain patent rights. 

Trademarks

Trademark and Service Mark Disputes: Trademarks and service marks help clients protect against another business trading on the reputation and good will that a client builds with its customers, which they associate with the names and logos that a client company uses, for example via advertising investments. We can help our clients assert trademark rights or defend against trademark rights asserted against them.  We also help new clients decide between alternative proposed company or product names or logos, for example, based on searches of existing trademarks, to avoid future confusion or trademark weakness.