Biotech Beach Law Group, PC
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Patent and Trademark Attorneys |
Intellectual Property LawExperienced and Affordable IP Protection
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Intellectual Property Litigation
Although we believe a courtroom is the last place parties should work
out their differences, our patent attorneys will vigorously defend or
enforce our clients' patents, trademarks, products and services.
Patent infringement occurs when someone practices a patented invention without the
approval of the patent holder. Patent infringement lawsuits are litigated in U.S. Federal
Courts and are appealed to the Court of Appeals for the Federal Circuit (in Washington, D.C.).
Patent infringement lawsuits are typically divided into two or more court appearances. First, the court interprets the scope of the patent and
second the court determines whether the accused device or method is within the scope of the patent. Many lawsuits are essentially won or lost at
the first stage.
Markman- The first appearance is called a Markman hearing. In Markman hearings, the court is provided with charts interpreting the scope of the patent
and legal briefs arguing a particular position.
Trial - The second stage is the actual trial. The jury decides whether the accused device or method is within the scope of the patent.
Arguments regarding the validity of the patent may also be provided.
More information can be found on our companion Patent Infringement Litigation web page.
Litigation can be quite costly. Our firm understands the need to reduce litigation costs and
offers alternatives when available. However, if all else fails we will vigorously advocate our
client's position in a patent infringement or trademark infringement lawsuit.
One solution to avoid unwanted patent litigation costs is to Request a Reexamination of an
Issued Patent with the United States Patent and Trademark Office (USPTO). A Reexamination may
be declared upon a demonstration that there is a "substantial question of patentability."
An Ex Parte Reexamination is a reexamination proceeding solely between the USPTO and the Patent Holder.
The third party requestor does not actively participate in the proceedings but is provided
with copies of all correspondence provided to the USPTO or to the Patent Holder.
An Inter Partes Reexamination allows the third party requester to provide a reply to
arguments made by the Patent Holder. However, rules of issue preclusion may arise if the patent is subject to later litigation.
Another frequent alternative to Litigation includes Licensing the Invention or Trademark. Licenses
can be quite maleable and can address a variety of scopes or territories. Visit our licensing page
to find out more.
An Interference is declared when two Patent Applications or when a Patent Application and an
Issued Patent claim the same subject matter. Interferences seek to decide who was the first to
invent the claimed invention.
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