WHAT WE DO: We’re trial and appellate lawyers focused on intellectual property.
LITIGATION AND TRIALS
We pride ourselves on trying cases, not just litigating them.
We’ve won jury trials in jurisdictions where others fear to go. We’ve won jury trials where the opposing party enjoys strong popular support. We’ve won jury trials where it’s necessary to explain highly complex facts that appear woefully inaccessible. We’ve won jury trials where we are the last remaining defendant in a multi-defendant case. We’ve won jury trials as David against Goliath. We’ve won jury trials where the very survival of our client is at stake. In short, if you need us to, we’ll try your case to a jury. And when it’s not necessary for a case to be tried, our clients benefit from our adversaries knowing that we’re willing and able to see the case through to verdict and beyond.
FEDERAL CIRCUIT APPEALS
Our victories have shown us how to win at this special court.
We collected victories in a variety of appeals at the United States Court of Appeals for the Federal Circuit. We’ve won protecting a jury verdict, reversing a jury verdict, protecting a Rule 12 judgment, protecting summary judgment, reversing summary judgment, defending a PTO decision, protecting claim construction, and reversing claim construction. We’ve won a lot, indeed. And the collaborative briefing approach and communication philosophies that have led to these ensure that we make the most of the 14,000 words and 15 minutes of argument that the court allots.
INTERNATIONAL TRADE COMMISSION (337 INVESTIGATIONS)
We work tightly with ITC lawyers to achieve SUCCESS before The Commission.
We work closely with ITC lawyers to provide the same winning outcomes we’ve helped our clients achieve in other forums. Our team applies our proven, trial- and appellate-winning approaches to the increasingly popular setting of ITC Section 337 proceedings. We understand the specialized rules and procedural issues unique to these investigations, and thus come ready to litigate full bore from institution through final determination. Over the years, members of our team have attained great outcomes for both complainants and respondents before the Commission.
POST GRANT PROCEEDINGS
We 🤍 the PTO’s post-grant alphabet soup.
You name it, we’ve succeeded at it. Ex Parte Reexaminations? Yes. Inter Partes Reviews? Yes. Post-Grant Reviews? Yes. And Supplemental Examinations, Post-Grant Validity Reviews of Covered Business Method Patents? Yes indeed, our team members have won those, too. And our victories haven’t come just on one side — we’ve invalidated patents and successfully defended our client’s patents before the Patent Office. That winning experience helps guide our framing of the most impactful arguments before the various PTO units handling these proceedings.
ALTERNATIVE DISPUTE RESOLUTION
Our teaching expertise extends to mediation and arbitration.
Our team brings a wealth of experience in mediation and arbitration, thus assisting clients in reaching an expedited and less costly resolution. We appreciate the distinction between making our case in an adversarial setting and communicating with our adversary in mediation to bring about a resolution that leaves little to chance. Members of our team have enjoyed success in this often sui generis form of dispute resolution. Because arbitration is typically private, there’s little we can say publicly about our results, but this: if you need arbitration representation, you’ll be happy that you hired us.
DECLARATORY JUDGMENT ACTIONS
Mess with the bull, get the horns.
Our team members have achieved outstanding outcomes in these cases. These results include judgments finding entire patents invalid, judgments finding all claims not infringed, and walk-away settlements. General Patton said it best: “The only sure defense is offense.”
A change of lawyers can be just what the doctor ordered.
If you’ve lost faith in your team, you need to make a change. And we’re here to help. Clients have asked us to jump in as late as four weeks before trial. They’ve also called us in right after summary judgment, before claim construction, after claim construction, during claim construction, and at every case phase in between. We’ve also been called in very early, or after a PTO proceeding goes south. Our experience in entering cases mid-stream has allowed us to build a practical transition methodology that allows us to hit the ground running, and also ensures the least disruptive, most respectful, and seamless transition possible.
CASE ASSESSMENTS AND MOCK TRIALS
Fresh perspective enhances a leader’s decision making.
Don’t wait for trial to learn if your case or your lawyers are trial ready. We offer confidential consultations, sometimes involving the current trial team. We offer our winning knowledge and experience to help refine a client’s case, or act as opposing counsel in mock trial to help the client assess its chances before having to face a jury.