Patent disputes turn on technical detail, and we read code and schematics before we read case law. The firm's founding partner was a software engineer before becoming a lawyer, so we can take apart a claim chart, an accused product, and a prior art reference without a translator. That lets us build infringement and validity positions that hold up under cross-examination and make sense to a judge or jury. We represent patent owners and accused infringers, from companies facing their first demand letter to businesses enforcing a portfolio against a competitor, and we coordinate every forum where the dispute is being fought, from district court and the ITC to the PTAB and the Federal Circuit.
Strategy Built Around Your Business
Winning a motion is not the goal; getting you the commercial result you need is. We start by mapping the dispute to what you actually want, whether that is an injunction, a license on your terms, freedom to keep shipping, or a clean exit. From there we shape claim construction, discovery, and trial themes around that outcome instead of chasing every issue the docket offers. Patent cases are business disputes with a technical core, and the decisions that matter most are often commercial ones: whether to sue a competitor or its customers, whether to offer a license before filing, and when a design-around costs less than a defense. We put those choices in front of you early, with the numbers behind each one.
District Court Litigation
Most patent cases are filed in federal district court under 35 U.S.C. 271. Venue is governed by 28 U.S.C. 1400(b), which after the Supreme Court's TC Heartland decision limits suits against domestic corporations to their state of incorporation or a district where they committed acts of infringement and have a regular and established place of business. Many districts have local patent rules that set early deadlines for infringement and invalidity contentions. The case often turns on claim construction at the Markman hearing, followed by fact and expert discovery, Daubert challenges, and summary judgment. Remedies include a reasonable royalty or lost profits under Section 284, injunctions under the eBay factors, enhanced damages for willful infringement, and attorneys' fees in exceptional cases under Section 285.
ITC And PTAB Proceedings
Section 337 investigations at the U.S. International Trade Commission target imported products. The complainant must show a domestic industry relating to the patented technology, and the remedy is an exclusion order enforced by U.S. Customs and Border Protection, typically within about 16 to 18 months of filing. There are no money damages, but the prospect of losing access to the U.S. market changes negotiations quickly. At the Patent Trial and Appeal Board, inter partes review lets a challenger contest validity on prior art patents and printed publications under Sections 102 and 103, with a final written decision due within one year of institution. Post-grant review is available within nine months of issuance on broader grounds. Institution is discretionary, and the USPTO's approach to discretionary denial has shifted repeatedly, so petition timing matters.
Standard Essential Patents And Appeals
Standard essential patents are patents declared essential to a technical standard such as 4G, 5G, Wi-Fi, or a video codec, usually with a commitment to license on fair, reasonable, and non-discriminatory (FRAND) terms. SEP disputes mix patent, contract, and competition law: whether a patent is actually essential, what a FRAND rate looks like, whether an injunction is available, and how parallel cases in other countries interact. We advise implementers and patent holders in licensing negotiations and litigate when talks fail. Federal Circuit appeals cover patent appeals from the district courts, the ITC, and the PTAB under 28 U.S.C. 1295. Claim construction is reviewed de novo, with deference to underlying fact findings under Teva, so we build the appellate record from the first day of the case.
Defending An Accused Product
Many of our patent clients are on the receiving end: a demand letter from a non-practicing entity, a complaint from a competitor, or an indemnity demand from a customer who was sued over your product. We assess the patent quickly, comparing the claims to how your product actually works and searching for prior art, and we give you a candid view of non-infringement, invalidity, and the cost of each path. Options include an early license, a declaratory judgment action, an IPR petition filed before the one-year bar under 35 U.S.C. 315(b) runs, a motion challenging patent eligibility under Section 101 and the Alice framework, a design-around, or a tender of defense to your own suppliers. A written opinion of counsel can also help answer a willfulness allegation.
How We Run A Patent Case
Every matter starts with an early case assessment covering claim construction, prior art, the infringement evidence, likely validity defenses, and a realistic damages range, delivered in writing with a budget. We coordinate forums deliberately, using a PTAB challenge or an ITC exclusion threat to change the dynamics of a parallel district court case instead of running each track in isolation. Software, semiconductors, networking, telecommunications, medical devices, consumer electronics, and connected hardware are familiar ground, and because the founding partner has built and shipped software, we get up to speed on a new system fast. That technical fluency shapes how we choose testifying witnesses, frame claim terms, and decide which fights are worth having. The work ties directly to our patent counseling and licensing practice.
Fees And Budgets
Patent litigation is expensive, and you should know the cost of each stage before you commit to it. Defined work, such as infringement contentions and claim charts, a response to a demand letter, an early case assessment, or a specific motion, can be priced as a flat fee with its scope stated in advance. A full case is scoped and estimated in writing by phase: pre-filing investigation, pleadings and contentions, claim construction, fact and expert discovery, dispositive motions, trial, and appeal. The estimate also accounts for expected technical consultant and e-discovery costs, which are often the largest items after attorney time. If the case changes course, through a stay pending IPR, a newly asserted patent, or a settlement opening, we revise the estimate before proceeding.
