The complexity of today’s technology systems and the high value of intellectual property make industry disputes inevitable. Successful patent litigation requires broad intellectual resources combined with deep technological knowledge and an understanding of clients’ businesses.
Our more than 60 dedicated Patient Litigation lawyers work with our clients as advisors, helping maximize the value of patent portfolios through licensing and enforcement efforts carefully designed to monetize our clients’ assets. We further work with our clients to strategically anticipate and reduce infringement risks to product lines and business activities, analyze patent landscapes, provide formal opinions of counsel, and, if necessary, defend our clients in patent litigation cases throughout the country. We offer skilled and tested patent litigation advocacy in courts across the United States, in proceedings before the International Trade Commission, and in private mediations or arbitrations. In addition, we have extensive experience in Abbreviated New Drug Applications (ANDA).
When litigation becomes unavoidable, our time-tested winning formula joins together experienced patent litigators, accomplished jury-trial lawyers, and registered patent attorneys well-versed in technology and science. To form cost-effective legal teams, we draw from our significant bench depth located across the country, from the East Coast, through the Midwest, to the West Coast.
The Patient Litigation team handles actions in courts across the United States, from Delaware to Texas, from Virginia to California, and all places in between. Moreover, our experience has also benefitted clients in the following venues:
- Inter Partes Review, Post-Grant Review, and Covered Business Method Proceedings in the U.S. Patent and Trademark Office. Spurred by the recent America Invents Act, patent litigation is now increasingly shifting to the U.S. Patent and Trademark Office through proceedings, such as inter partes, post-grant, and covered business method reviews. These new adversarial procedures for invalidating patents differ significantly from the prior inter partes and ex parte reexamination proceedings and include characteristics of a district court bench trial on the issue of validity, albeit before the Patent Office. The new proceedings feature discovery between the parties and culminate in a “trial” before the newly formed Patent Trial and Appeal Board (PTAB). We are widely recognized for our experience and skill in navigating the Patent Office, where members of our prosecution and litigation teams have previously served as patent examiners, including a supervising patent attorney and a member of the Board of Patent Appeals and Interferences.
- Proceedings before the International Trade Commission (ITC). Patent holders frequently employ ITC actions to prevent product importation by competitors. At BakerHostetler, we bring our ITC experience to bear, whether representing clients who seek relief against infringing competitors or clients who are accused of infringement. We also frequently represent clients in ITC proceedings brought by patent assertion entities.