WHAT WE DO: We are trial and appellate lawyers who focus on intellectual property. Below is what we do, and do very well.
We pride ourselves on trying cases, not just litigating them. We have won jury trials in jurisdictions where others fear to go. We have won jury trials where the opposing party enjoys strong popular support. We have won jury trials where it is necessary to explain highly complex facts that appear woefully inaccessible. We have won jury trials where we are the last remaining defendant in a multi-defendant case. We have won jury trials as David against Goliath. We have won jury trials where the very survival of our client is at stake. In short, if you need us to, we will try your case to a jury.
Our confidence is born from real jury trial results, not false bravado or wishful thinking. Our team’s signature victories include four different patent infringement defense jury trial victories in Marshall, Texas — no other national team has more wins. Members of our team have enjoyed jury trial success on the plaintiff’s side, as well. This includes a jury trial win against Samsung Electronics in the Eastern District of Texas with a full trebling of damages for willful infringement, and a jury trial win against Microsoft Corporation in the Eastern District of Virginia that was that year’s eighth largest federal court trial win in any civil case.
And when it is not necessary for a case to be tried, our clients benefit from our adversaries knowing that we are willing and able to see the case through to the jury’s verdict and beyond.
Our team’s success extends beyond trial work. It also includes a string of victories at the United States Court of Appeals for the Federal Circuit. Our track record before that court is a result of our collaborative briefing approach and communication philosophies, which ensure that we make the most of the 14,000 words and 15 minutes allotted by the court.
Our team’s Federal Circuit successes include wins for clients Amazon.com (protecting a Rule 12 victory), Blackhawk Network (reversing a jury trial verdict), The Gap (protecting a jury trial victory), Papst Licensing (reversing a summary judgment decision), and Pier-1 Imports (protecting a jury trial victory).
Our appellate work includes cases that we have litigated at the trial stage as well as cases where we have been engaged after the lower court proceedings were handled by other counsel.
Our team applies our proven, trial-winning approaches to the increasingly popular setting of ITC Section 337 proceedings. We understand the specialized rules and procedural issues unique to these cases, and thus come ready to litigate full bore from institution through final determination. Over the years, members of our team have achieved great outcomes for both complainants and respondents before the Commission.
We do it all. Ex Parte Reexaminations, Inter Partes Reviews (IPR), Post-Grant Reviews (PGR), Supplemental Examinations, Post-Grant Validity Reviews of Covered Business Method Patents. Our team’s victories have extended to both invalidating the opposing party’s patents and defending our client’s patents before the Patent Office.
The team’s persuasive abilities are not limited to the courtroom. Over the years, the team has developed significant experience in mediation and arbitration, thus assisting clients in bringing matters to an expedited and less costly resolution.
We know that a proper alternative dispute resolution outcome alone is not enough if it takes takes too long or costs too much.
MEDIATION: Members of our team have achieved tens of millions of dollars in settlements for plaintiffs and walk-away resolutions for defendants. We appreciate the distinction between making our case in an adversarial setting, and communicating with our adversary to bring about a resolution that leaves little to chance.
ARBITRATION: Members of our team have enjoyed success in this often sui generis form of dispute resolution. Because arbitration is frequently a private proceeding, there is little that can be said publicly, other than: if you need arbitration representation, you will be happy that you hired us.
General Patton said it best: “The only sure defense is offense.” With this in mind, we have successfully prosecuted declaratory-judgment actions on behalf of clients facing infringement allegations.
Since the change in declaratory-judgment law resulting from the United States Supreme Court case of MedImmune v. Genentech in 2007, members of our team have brought declaratory-judgment actions from sea-to-shining-sea, and parts in-between. Team members have achieved successful resolutions in these cases, with results ranging from findings of invalidity, to findings of non-infringement, to walk-away settlements.
When we enter a case mid-course, our goal remains to do so in the least disruptive, most respectful manner possible.
PRE-TRIAL: During discovery, the need for fresh counsel can emerge. When it does, our team remains ready to hear you, to learn your concerns, to work with you cooperatively, and to change the dynamic for the better.
MOCK TRIAL: When you want to ensure that both sides in your mock trial have the benefit of jury trial experienced counsel, we are available to play the role of opposing counsel.
TRIAL: Our team remains available to try cases litigated by others. While we generally prefer more time to prepare, members of our team once took over a defense a mere six weeks from trial.
POST TRIAL: Because of the team’s trial and appellate experience, our members often consult on appellate issues for cases that the team did not participate in at the district court level. Often, these consultations are private and do not result in a formal appearance in the dispute. The team also remains available to take full responsibility for an appeal.
We offer partnering services to other law firms for when they would benefit from adding substantial jury trial experience to their case. We enjoy working with other talented lawyers and welcome the opportunity to discuss joint ventures.