Intellectual Property Law
Patent trials often result in outcomes that significantly impact companies with very sizable monetary awards and, sometimes even more significant, injunctions that bar products from the market. Patent law often involves highly technical issues in a complex legal field that is continually changing, including both major and subtle legal shifts frequently emerging from the Federal Circuit and U.S. Supreme Court.
Our team includes both seasoned trial attorneys and attorneys with in-depth subject matter knowledge of the law, technologies, and industries at issue. We advise clients facing threats from third party patent holders and those who want to assert patent rights against others. We begin each case by listening carefully to the client, followed by straightforward and frank discussions, a study of the strengths and weaknesses of the case, careful analysis of the potential risks and benefits as well as the client’s tolerance for those risks, and timely and judicious discovery. Based upon all of these factors, we develop and implement a strategy and response plan that best suits the client’s needs and business objectives.
We understand that fewer than four percent of district court cases go to trial, and we work with our clients to reach creative, cost-effective, and case-effective outcomes. Thus, while we approach each case with trial and appeal in mind, as part of our pre-litigation and ongoing investigation, we determine the best strategy to attain an optimal solution and meet the client’s business objectives. As part of this process, we consider alternatives such as mediation, arbitration, early settlement, licensing or some alternative business solution, obtaining a preliminary injunction, or a proceeding before another tribunal or agency.
Only those parties that are prepared to aggressively defend their rights through trial can expect the most favorable outcomes. We have the trial skills, experience, and expertise to take complex cases to trial along with a comprehensive understanding of the law and the technology. We build the strongest possible case by selecting and preparing witnesses who provide clear, accurate, and credible testimony and by preparing concise and persuasive presentations and arguments, with quality briefs and powerful oral advocacy.
In patent law, many issues are decided at the appellate level, and the quality of advocacy matters greatly. We are highly skilled at preserving issues for appeal, and we craft concise, powerful, and persuasive arguments.