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Litigation - Patent - America
About this Practice AreaWes Achey is a member of Alston & Bird’s Intellectual Property Litigation Team. Wes’s practice includes all areas of intellectual property litigation and counseling, with a particular emphasis on patent litigation and enforcement. He has represented clients in patent infringement lawsuits in federal district courts across the United States, including cases involving telecommunications, computer software and various mechanical devices. He is a member of the Georgia Bar and is a...
Eric Acker is a partner and trial lawyer in the firm’s Intellectual Property Group. Mr. Acker has tried more than 50 trials (including more than 47 jury trials) in courtrooms across the country. Mr. Acker’s recent trials have involved a variety of technologies and significant legal issues. In the high-profile SCO v. Novell case, following a three-week trial, the jury affirmed our client Novell’s ownership of the copyrights to the UNIX software code and rejected SCO’s c...
Steve Adkins focuses his practice specifically on Section 337 investigations before the International Trade Commission (ITC) and at U.S. Customs. Steve and his colleagues have handled more than 100 of these intense, fast-paced investigations, acting for respondents, complainants and third parties. His experience spans a multitude of industries, including automotive, computer software, chemicals, mechanical patents, semiconductors, and telecommunications, making him a trusted adviser to respon...
Dan Albers advises on intellectual property disputes and commercial litigation, trials and appeals. A consummate advocate, Dan is known by clients and colleagues alike for providing persuasive and clear arguments grounded in sound legal theory that reflect his clients’ position and their specific objectives. Dan Albers advises on intellectual property disputes and commercial litigation, trials and appeals. A consummate advocate, Dan is known by clients and colleagues alike for providing...
Alan Albert is a nationally-honored trial lawyer who has represented clients from Muhammad Ali to multinational corporations in a broad array of commercial disputes, white-collar criminal investigations and prosecutions, intellectual property litigation and other governmental and regulatory matters. Mr. Albert has been recognized in The Best Lawyers in America continuously for the past 20 years, and is one of a small number of lawyers in the country to be recognized by Best Lawyers in six dis...
Adam Alper is a leading member of the intellectual property litigation group in Kirkland’s Bay Area office. Focusing primarily on patent and trade secret disputes, and predominantly representing clients in the semiconductor, telecommunications, computer hardware and pharmaceutical industries, Adam regularly litigates high-stakes competitor cases involving concurrent claims of patent, trade secret and copyright violations. These disputes often involve co-pending actions in US District Co...
Ramsey Al-Salam focuses on intellectual property litigation, with a particular emphasis on patent litigation. He has been lead counsel for large and small clients in cases throughout the country. He works hard to ensure that he understands his clients' goals, and pursues them in an efficient and effective manner. Publications such as Chambers USA (Band One), Best Lawyers in America and Washington Super Lawyers have repeatedly listed him as a leading practitioner in his field. Best Lawyers, fo...
Mr. Amburn concentrates his practice on intellectual property protection and litigation. He prepares and prosecutes patent and trademark applications, drafts intellectual property opinions and agreements, and counsels clients in obtaining and enforcing intellectual property rights. He works on a wide variety of technologies including mechanical, software, and business methods. Mr. Amburn has over fourteen years of litigation experience including first chair jury trial, mediation, arbitration,...
Frank’s practice focuses on intellectual property litigation. Frank has successfully tried patent, trademark, trade secret and copyright cases in Federal Courts nationwide, the Courts of Appeals for the Sixth and Federal Circuits, and the International Trade Commission. As a registered patent attorney, Frank is authorized to practice before the U.S. Patent and Trademark Office. Frank has been lead counsel for a wide variety of clients, from individuals to major corporations, in intellec...
Greg Arovas has established a reputation as one of the top intellectual property litigation lawyers in New York. Greg has represented both plaintiffs and defendants in numerous high-profile patent and trade secret litigations, including cases for high-technology clients such as Intel, IBM, Samsung, Sony, Xerox, Lucent, Agere, Oracle, Siemens, Infineon, Xilinx, and KCI. Greg has tried numerous District Court and ITC cases to verdict involving a wide range of computer, software, communications ...
Blas Arroyo is a partner in the firm’s Intellectual Property Litigation Group. His practice has a particular emphasis on contested matters involving patent rights. Blas has been engaged in the field of intellectual property litigation for over 30 years. His experience includes trials in various federal courts throughout the United States, as well as before the International Trade Commission in Section 337 Investigations, involving issues of patent validity, infringement and enforceabili...
John S. Artz, a partner with Dickinson Wright PLLC has more than twenty-five years of experience and practices in all areas of intellectual property litigation. He also has extensive experience with the acquisition, management, and prosecution of patent, trademark, copyright, and trade secret assets. He serves and has served as lead counsel for many companies in federal courts across the country, including the Federal Circuit Court of Appeals. John also has served as lead counsel in 25+ IPRs ...
Mr. Atkins is the leader of Pillsbury’s Intellectual Property Litigation team. He is a trial and appellate lawyer with 20 years of experience. He is a registered patent attorney who personally handles all of his cases and has won jury verdicts on both sides of the courtroom. Recent victories include (1) getting two university co-inventors added onto two NIH cancer drug patents with annual sales of approximately $2B, (2) an infringement jury verdict for a consumer product against a major...
Dan Attridge has practiced in Kirkland's Washington, D.C., office since 1980 and served as the managing partner of the Washington, D.C., office from 1998 to 2013. He is a very experienced trial and appellate lawyer who has litigated cases before federal and state courts, administrative agencies, and arbitration panels throughout the United States. His cases have involved a wide range of industries and practice areas, including intellectual property; antitrust and unfair competition; commercia...
In the course of your career, you will likely face at least one complex, high-stakes legal dispute that doesn't have a quick or obvious solution. To sort it out successfully, you will need experienced and reliable help. For more than three decades, people in your position have sought to engage me to do just that, describing me as an "incredibly gifted lawyer" (Chambers and Partners) who is "magic in the courtroom" ( Who's Who Legal ). Trial counsel I am a Fellow in the American College of Tri...
Jeff Barron resolves complicated intellectual property disputes. Jeff thrives when challenged with scenarios that seem impossible or that are at the cutting edge of technology and the law. Jeff’s dedication to being prepared gives him and his clients great flexibility when navigating the unexpected waters of high-stakes litigation and complex IP disputes. With clients that include startups and Fortune 100 companies, Jeff’s nationwide IP practice is focused on defending and prosecu...
Ross Barton is a trial lawyer focusing his practice on the litigation of complex patent disputes before district courts and the International Trade Commission (ITC). With a background in Physics and a deep understanding of mobile technologies, semiconductors, and software and hardware programming languages, Ross has spent the last decade taking high-stakes cases in the high-tech sector to trial. He previously taught patent litigation courses as an Adjunct Professor at the University of Virgin...
Sam Baxter is a principal in McKool Smith's Marshall and Dallas offices. He is a former Texas state district judge and district attorney for Harrison County, Texas. Few people know the Eastern District of Texas—an important venue in intellectual property litigation—as well as Sam does. His unique ability to connect with jurors and skillfully cross-examine witnesses has helped him secure significant verdicts for clients. Four of these victories have been recognized in The National ...
David J. Beck is consistently recognized as one of our country’s best trial lawyers. This recognition has grown from the consistent results he has achieved for his clients in his more than forty years of practice. From the smallest disputes to the billion dollar cases, David understands the importance of each case to his client, and he approaches each with the same intensity and integrity that has served him - and his clients - so well for so long. For David Beck, every case is a story ...
Matt Becker serves as Axinn’s Managing Partner and focuses his practice on intellectual property litigation, analysis and counseling. His intellectual property litigation practice predominantly includes patent infringement and trade secret litigation and his counseling practice focuses on advising clients regarding avoiding third party intellectual property rights in conjunction with product development, conducting patent infringement and validity analyses, and providing strategic advic...
Olivia is an intellectual property litigator who represents individuals and corporations across the country in complex technological matters. She helps clients protect, enforce, and defend intellectual property rights, including patents, trade secrets, copyrights and trademarks. An experienced trial lawyer, Olivia has litigated and tried significant cases before the U.S. District Court for the Northern District of Illinois and other federal courts around the country, and has also briefed and ...
With more than 25 years of Intellectual Property experience, Joel actively tries cases in both state and federal courts. A founding member and former co-chair of the firm's Intellectual Property and Technology Service Group, he manages all aspects of infringement litigation for both federal and state courts, including trial and appellate practice. He has also prepared and prosecuted trademark and copyright applications, prosecuted and defended trademark opposition and cancellation proceedings...
For over 35 years, Spiro has earned a reputation as an aggressive, trial and appellate patent and intellectual property litigator. He has successfully resolved cases involving hundreds of millions of dollars and is known for seeking the most efficient and cost effective path to either an amicable settlement or a win on the merits.
Tim Billick is an intellectual property attorney based in Seattle, Washington. The founder of TBillick Law PLLC, Mr. Billick handles a diverse range of intellectual property disputes involving business litigation, entertainment contracts, information technology, patents and trademarks. A natural problem solver, he serves clients throughout the Seattle metropolitan area and is committed to helping individuals protect their creations. Mr. Billick advises clients on intellectual property subject...
Stephen Bishop focuses his practice on the preparation and prosecution of electrical, software and business method patent applications and the strategic analysis of patent portfolios. He counsels clients on ways to avoid patent infringement, as well as how to respond to allegations that they are infringing a patent. Steve also assists clients in developing corporate intellectual property programs that capture and protect the most valuable assets of the client. While at Amazon.com Inc., Stephe...
Based in Seattle, Susman Godfrey partner, Rachel Black, focuses her practice on high-stakes commercial litigation for plaintiffs and defendants, both at the trial and appellate levels. Ms. Black has tried and managed high profile, high stakes, and widely covered matters in state and federal courts across the country involving a variety of claims, including patent infringement, audit malpractice, financial fraud, unfair business practices, environmental remediation, breach of contract, and ant...
Elaine Blais, head of the Litigation Department in Goodwin’s Boston office, focuses her practice on intellectual property litigation, particularly patent litigation, and she is a member of the firm’s Life Sciences Disputes group. Ms. Blais has first-chaired numerous lawsuits and taken cases to trial in federal courts nationwide. She serves on Goodwin’s Executive Committee and on its Intellectual Property Steering and Attorney Development Committees. Ms. Blais is the co-found...
Paul Bondor is a partner of Desmarais LLP, where his practice focuses on the litigation of complex, technology-driven disputes, particularly patent infringement jury trials. Mr. Bondor started his career as a law clerk for the Honorable Louis L. Stanton in the U.S. District Court for the Southern District of New York. After his clerkship, he began private practice with Kenyon & Kenyon, where he was elected a partner in 2001. In 2004, John M. Desmarais asked him to join the New York office...
Both in and out of court, Felicia Boyd has extensive experience in complex IP disputes involving patents, copyrights, trademarks and trade dress. A commonsense counselor who is practical, balanced and direct, Felicia distills even the most complex challenges and technologies down to critical points and action items, regardless of her role as an advocate, arbitrator or mediator. A past co-chair of the firm’s Intellectual Property Department, Felicia’s victories as a litigator have ...
Kirk Bradley is a partner in the Intellectual Property Litigation Group. His practice focuses on litigation and counseling in complex patent cases during discovery, trial, and appeal. His experience encompasses a wide variety of technologies, including marine electronics and sonar, financial services, medical devices, wireless telecommunications, pharmaceuticals, and software programs. Mr. Bradley frequently counsels clients on how to manage or avoid patent issues affecting their business, pr...
Stephen B. Brauerman (Steve) is a director at Bayard and member of the firm’s litigation group. He concentrates his practice in the areas of corporate, commercial and intellectual property litigation in Delaware’s state and federal Courts. He has litigated a wide array of cases involving fiduciary duty claims, corporate and alternative entity control disputes, advancement/ indemnification, breach of contract, antitrust, securities, patent infringement, copyright infringement, and ...
Randy Brown is a first-chair trial attorney involved in complex commercial litigation. For nearly three decades, Randy has defended major class actions, tried dozens of cases throughout the country, and acted as lead counsel in multiple appeals in Indiana and before the U.S. Court of Appeals for the Federal Circuit. Randy is chair of the firm's Litigation Department and managing partner of the firm’s Fort Wayne office. Listed among The Best Lawyers in America in multiple litigation disc...
Keith Broyles is the co-leader of Alston & Bird’s Intellectual Property Group. His practice includes all areas of intellectual property litigation and counseling, with particular emphasis on patent litigation, enforcement and appellate work. Mr. Broyles has extensive experience resolving intellectual property disputes involving a wide range of intellectual property issues and technical disciplines, including wireless telecommunications, mechanics, construction products, electronics,...
Allan Bullwinkel’s practice focuses on patent litigation related to computer and electrical engineering technologies in federal district courts and inter partes review at the U.S. Patent Trial and Appeal Board. He also handles cases involving patent-related antitrust litigation and IP-related appeals before the Federal Circuit. With an engineering degree and many years of prior work experience as an engineer, Mr. Bullwinkel brings a robust understanding of technical issues and an abilit...
Henry C. Bunsow has been lead trial counsel in more than 40 patent jury trials, winning over 90 percent of them. He has successfully argued appeals before the Court of Appeals for the Federal Circuit and represents clients in matters before district courts across the nation, the Court of Appeals for the Federal Circuit and the U.S. International Trade Commission (ITC) under Section 337. In 2011, he received the California Lawyer Intellectual Property Attorney of the Year Awardand he has consi...
Bill Burgess’ practice focuses on appellate litigation across a broad range of subject matter, including patent litigation, commercial litigation, and regulatory matters. He has argued appeals in most of the United States courts of appeals, including several in the Federal Circuit. He has been to trial several times, joining trial teams to brief dispositive motions or prepare for appeals, and has also practiced before agencies such as the Patent & Trademark Office, International Tra...
David Burman, a partner in the firm's Commercial Litigation practice, has more than 30 years of experience in litigation, including antitrust, appellate, class action, consumer protection, constitutional, media, patent and intellectual property, privacy, and other cases. He also counsels clients in these and other areas. He has worked on many high-profile cases, including two U.S. Supreme Court arguments, the trial contesting the 2004 Washington State Governor's election, Costco Wholesale Cor...
Brian Busey is a partner in the firm’s Intellectual Property Group. Mr. Busey’s practice focuses on complex intellectual property matters – particularly those before the U.S. International Trade Commission (ITC). Mr. Busey has litigated more than thirty Section 337 cases before the ITC and has served as the president of the ITC’s Trial Lawyers Association. In addition to his active ITC practice, Mr. Busey has handled cross-border patent, trademark, and trade secret dis...
Ronald Cahill is well-respected for his work with clients of virtually all sizes to solve their most challenging intellectual property problems. His advice ranges from designing protection that maximizes the value of the client’s investment in research and development to applying that IP in court and in the marketplace, which allows clients to realize that value. With decades of courtroom experience, Ron has led trial teams in patent infringement cases around the country. He also conduc...
Brad Caldwell is a principal at Caldwell Cassady & Curry. He is a trial lawyer who focuses on patent infringement and complex commercial litigation for both plaintiffs and defendants. Mr. Caldwell’s courtroom success before judges, juries, and arbitration panels includes cases involving digital media, telecommunications and computer networking, data security, computer imaging, medical devices, enterprise software, banking technology, and oilfield services. Mr. Caldwell consistently ...
Mr. Calkins, a registered patent attorney, has over 20 years of experience in client counseling and portfolio management in patent procurement, licensing and enforcement, primarily in the life sciences, chemical, medical and computer software arts. His current practice also focuses on the corporate and transactional aspects of intellectual property, including licensing, merger, acquisition and/or equity investment due diligence. Mr. Calkins' experiences allow him to understand the business va...
Mark is one of the founders of Brooks Kushman and has served as the President since 2007. Under his stewardship, the firm has grown from 50 to over 80 lawyers, patent agents, and technical specialists. He was instrumental in opening our Los Angeles office and in expanding our practice nationally and internationally. In his intellectual property litigation practice, Mark has handled major litigation in all technology areas and tried cases relating to patents, trademarks, trade secrets and copy...
Litigation - Patent Definition
A patent is a right granted by the federal government to an inventor to exclude others from making, using, or selling the patented invention. Patent litigation typically involves enforcement of the patent owner’s “right to exclude” against an accused infringer. In some cases, a person who feels threatened by a patent owner will file a lawsuit against the patent owner seeking a declaration that the patent is not infringed or that the patent is invalid.
Infringement and validity are the two primary issues at stake in patent litigation and both issues are determined by the “claims” of the patent – short paragraphs which specifically define the limits of patent coverage. The patent owner bears the burden of proving infringement. A patent is infringed if the accused infringer’s product or activities fulfill all elements of at least one claim of the patent. Patents are assumed to be valid, thus the accused infringer bears the burden of proving that the patent is invalid (or unenforceable). A patent is invalid if the invention described in the claims is shown by “prior art” to be neither new nor “unobvious.” Prior art is the entire body of knowledge in the field of the invention existing as of the date of the invention.
An important stage unique to patent litigation is the “claim construction” phase. Since the claims are all-important in patent litigation, the judge is charged with interpreting the claims, putting the often stilted, formalistic claim language into words more understandable to a lay jury. The claims as construed by the judge thereafter govern infringement and validity. Patent owners often seek a broad claim construction so as to cover the accused infringer’s activities. However, a broad construction of the claims make them more susceptible to being found invalid over prior art ferreted out by the accused infringer. Interpretation of the claims can be determinative of the lawsuit, and cases are often settled at this stage.
If the patent is found to be infringed, the owner of an infringed patent is entitled to compensatory damages (no less than a reasonable royalty) and the infringer is often enjoined from further infringing activities. However, by bringing suit the patent owner risks that the patent will be found to be invalid.
Patent litigation is high-stakes, complex litigation and can be quite expensive. According to the 2009 Economic Survey conducted by the American Intellectual Property Law Association, the total cost of a patent lawsuit can range between a median low of $650,000 to a median high of $5.5 million. Use of expert witnesses is very common. Patent litigators, or litigation teams, combine excellent litigation skills and a keen understanding of patent law.
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