Patent Litigation

Biotech Beach Law Group's patent litgation practice provides dual roles. On one hand our litigation practice enforces patents that protect innovative technologies. On the other hand we also defend against patent infringement lawsuits where patenholders misuse their patents to stifle competition.

Patent infringement lawsuits are typically divided into two or more stages. Broadly, the court first 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 hearing- The first appearance is called a Markman hearing. In Markman hearings, the attorneys argue the meaning of terms within the patent by presenting charts, legal briefs and advocating a particular position.

  • Trial - The second stage is the actual trial. After being presented with witnesses, a 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.

Money damages in a patent infringement lawsuit can vary widely. For instance, if the patent is willfully infringed, damages tend to be higher. If the patent is available for license, damages may be closer to the regular royalty.