Intellectual Property and Commercial Litigation
While our practice focuses most heavily on patent litigation, we have considerable experience in other litigation areas, including general commercial, trade secret misappropriation, copyright (including architectural works) infringement, Digital Millennium Copyright Act ("DMCA") violations, trade dress and trademark infringement, unfair competition and false advertising. We have been on both sides of disputes, representing many clients in asserting their rights and defending many others against unwarranted allegations. Our clients come from both ends of the spectrum, some having only a handful of employees and others being Fortune 500 companies with thousands of employees. We have the experience to handle litigation for any size client, both in state and federal court.
Inter Partes Review Proceedings
In 2012, Congress passed the America Invents Act ("AIA"), which established a new administrative trial procedure for invalidating patents called inter partes reviews ("IPR"). When the new procedures were established, we made a concerted effort to be on the forefront of this emerging practice area by gaining an in-depth understanding of the IPR process and procedures. As a result, our clients have entrusted us with both bringing and defending their AIA trials. Our team has been nationally recognized as including one of the top 50 attorneys in IPR proceedings. The IPR procedure has proven to be an invaluable tool for our clients accused of patent infringement. By filing an IPR petition early in litigation, we have been able to consistently have the litigation paused while the IPR proceedings progress towards invalidity of the asserted patents. This has saved our clients hundreds of thousands of dollars in litigation expenses, while allowing us to challenge the patents in a forum that provides our clients with a higher chance of success.
We take pride in our ability to put ourselves in our clients’ shoes and make decisions that will improve their businesses, regardless of whether it means fewer billable hours for our attorneys. Many of our clients do not have or necessarily need salaried in-house counsel, but they rely on our extensive experience when necessary to assist with legal issues that will directly affect their business. From drafting contracts and licenses to general legal research, we provide the same legal services that would be expected of in-house counsel.
Before embarking on a course of conduct that may result in any number of pitfalls, such as punitive or exemplary damages, it is often advisable to obtain an opinion of counsel with respect to a product or method that may infringe another company's intellectual property rights. The members of our firm have a long history of advising clients in this area and, where necessary, providing guidance on alternative designs that will avoid infringement.
Not all patents are equal. Some are incredibly valuable, while others may be worth little more than the paper they are printed on. Obtaining patents is inherently expensive, and even after they issue there are substantial maintenance fees that must continuously be paid. We help our clients evaluate their patent portfolios and identify patents that have value and those that do not. Based on our evaluations, clients can make informed decisions about whether to continue paying costly maintenance fees or abandon certain patents altogether.
Intellectual property only has value if it prevents competitors from competing in the IP holder's market or provides the holder with a monetary return on his or her technology. While injunctions are the most desired remedy for IP holders, an overwhelming majority of cases result in a licensing arrangement whereby the IP holder receives money for each accused item sold. We leverage our extensive experience licensing intellectual property, including patents, trademarks, and copyrights, to assess the value of our clients' intellectual property and ensure they are receiving the highest return for their investment.