Patent Litigation

Infringement of patents, whether a third party infringing your patents or a third party alleging you infringe their patents, can have a drastic impact on your business’ innovation, financial goals, and strategic objectives. Whether you are a plaintiff or defendant, we can help you navigate the sometimes long and arduous process of patent litigation.

HOW WE HELP

Our seasoned patent litigators are prepared to litigate on your behalf, and have a track record of success handling complex patent infringement cases before juries and judges, at both the district court and appellate levels, as well as the International Trade Commission and Patent Trial and Appeal Board at the US Patent and Trademark Office (USPTO). Our Team includes patent attorneys registered before the USPTO who have prosecuted numerous patent applications, so we not only know what it takes to get a patent, but we also know what a patent’s vulnerabilities can be. Our work includes the successful representation of many Fortune 500 companies defending against allegations of patent infringement, as well as enforcing their patent rights. Based on our client’s business goals and objectives, we can often avoid trial by positioning matters for, and pursuing, negotiated resolutions and settlements, or seeking to end a case quickly with early claim construction and dispositive summary judgment motions. When necessary, we also coordinate with our international colleagues to enforce foreign patent rights and defend foreign actions.

Our Team is nationally recognized by peers and clients alike for our collective experience and knowledge, which spans numerous industries, including electronics, image-processing, telecommunications, mechanical, electrical, electronic, automotive, consumer products, aerospace, computer hardware and software, e-commerce, Internet, financial services, chemical, medical devices and medical equipment, biotechnology, pharmaceutical, immunology, and bioinformatics. Our attorneys not only understand complex scientific details, but can communicate those ideas succinctly to juries and judges.

Our Patent Litigation Team also has extensive experience in other areas of intellectual property law, including invalidity and noninfringement opinions, trademarks, copyrights, trade secrets, data privacy and security, counterfeit goods, unfair competition, and false advertising, which often arise in patent litigation. We also have an extensive worldwide network of foreign counsel with whom we have dealt for many years in patent, trademark, and copyright procurement and enforcement activities internationally.

Hatch-Waxman & Biosimilars. A sub-set of the firm’s Patent Litigation group, our Hatch-Waxman & Biosimilars Team, has expertise in organic chemistry, pharmacology and molecular biology, as well as drug synthesis, formulation and polymorphs. We are positioned to provide legal counsel on patent strategy, prosecution and litigation, Paragraph IV Certification and patent opinions, intellectual property transactional work and due diligence. Our attorneys have served as former in-house patent counsel, former patent examiners at the USPTO, chief IP counsel, general counsel, and private equity investors.

Our Hatch-Waxman & Biosimilars Team litigates cases involving various technologies, including small molecule generic drugs and corresponding formulations and methods of treatment as well as issues attendant to biosimilars and related biological products and processes. We routinely perform landscape searches and freedom to operate analyses with respect to target biologics for some of the world’s top developers of biosimilars. We understand both the value and potential threat represented not only by patents covering actual innovator biologics but also how to identify and handle the equally important patents related to biologic production, isolation, purification, storage, and administration.

THE SEYFARTH EXPERIENCE

When a client has a patent issue, whether they are accused of infringing another’s patent or a competitor is infringing their patents, we immediately work with that client to understand their objectives. Our goal then is to develop a strategic plan in partnership with the client, on how best to effectively achieve the client’s objectives. We also provide up-front advice on the merits of the lawsuit to assist the client in formulating their expectations and objectives. We have found that the key is to keep the client apprised and informed of their options and what each will require, in costs, resources and time. In this way, the client will have no surprises and will be able to make an informed decision on the best way forward.