Patent Litigation

The court's interpretation of patent claim terms, typically determined at a Markman hearing. Claim construction often determines case outcome.

Damages include reasonable royalty (minimum), lost profits if provable, and up to 3x enhancement for willful infringement. Permanent injunctions are available but not automatic.

Inter partes review challenges patent validity based on prior art. It's faster and cheaper than district court but limited to certain invalidity grounds.

Federal district court cases typically take 2-3 years to trial. Timing varies significantly by venue and complexity.

Patent litigation is expensive. Early case assessment should evaluate settlement economics considering litigation 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.