District Court Patent Litigation
Intellectual Property and Technology | Patent LitigationWe handle patent infringement litigation in federal district courts nationwide, from case assessment through trial and appeal.
Overview
Winning Patent Cases in Federal Court
Federal district court is the primary forum for patent infringement litigation. Our District Court Patent Litigation practice represents clients in patent disputes across the country, combining technical expertise with trial experience to achieve favorable outcomes.
Venue Strategy
Venue choice significantly affects patent litigation. We evaluate potential forums considering judge experience, local rules, timing, jury pools, and procedural practices. We pursue favorable venue when asserting claims and challenge improper venue when defending.
Case Development
Effective litigation requires thorough preparation. We analyze patents and accused products, develop infringement and invalidity theories, identify key documents and witnesses, and build case strategy. Early case assessment informs strategic decisions about litigation approach.
Claim Construction
The Markman hearing where courts interpret patent claims often determines case outcome. We develop claim construction positions supported by intrinsic evidence and technical analysis. We present persuasive arguments at Markman hearings that frame favorable claim scope.
Discovery Management
Patent cases involve extensive discovery. We manage document production efficiently, take and defend depositions of fact and expert witnesses, and prepare technical evidence for presentation. We control discovery costs while building strong evidentiary records.
Expert Testimony
Technical and economic experts are crucial in patent cases. We work with leading experts to develop infringement, validity, and damages opinions. We prepare experts for effective testimony and challenge opposing experts through Daubert motions.
Trial Presentation
Our trial lawyers have first-chair experience in patent trials nationwide. We present complex technical concepts clearly to judges and juries. We develop compelling narratives that support client positions.
Our Services
patent_litigation
Federal registration and validity opinions
intellectual_property_litigation
Federal registration and validity opinions
litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Federal district court cases typically take 2-3 years to trial. Timing varies significantly by venue and case complexity.
Delaware, Eastern and Western Districts of Texas, and Northern District of California see heavy patent dockets. Venue affects timing and practice.
The court's interpretation of patent claim terms at a Markman hearing. Claim construction often determines case outcome.
Reasonable royalty (minimum), lost profits if provable, and up to 3x enhancement for willful infringement. Injunctions are available.
Non-infringement, invalidity based on prior art or other grounds, inequitable conduct, and exhaustion. Defense strategy depends on facts.
Patent litigation is expensive. Early case assessment evaluates settlement economics considering costs, risks, and business impact.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
