Why Choose an IP Litigator?
Many businesses have intellectual property such as patents, trademarks, or copyrights. In many cases, a time will come when you think someone is infringing those intellectual property rights. In other cases, you may receive a letter (or lawsuit papers) alleging you are infringing someone else’s patent, trademark, or copyright. For businesses that need to enforce or defend their intellectual property rights, the clear choice is to hire an experienced IP litigator. Here’s why:
- Should I even go to court? An experienced IP litigator will help you with the strategic issues that are relevant in IP disputes. For example, we take into consideration your business objectives to help you with a streamlined and cost-effective approach.
- Steps short of a lawsuit: A lawsuit is invariably an expensive proposition. We will first explore alternatives such as sending or responding to cease-and-desist letters, which oftentimes are quite effective in avoiding litigation. This may be your best option. In other cases, our strategic advice may be to proceed with the filing of an action or administrative proceeding before the Trademark Trial and Appeal Board (“TTAB” for trademarks) or Patent Trial and Appeal Board (“PTAB” for patents).
- Managing the venue: Patent, trademark, and copyright actions must be commenced in a federal district court. Each court has its own rules and procedures, and an experienced IP litigator will know the local rules and procedures — a valuable asset to getting clients a favorable outcome.
- Initiating a lawsuit: Where a decision is made to file a suit or respond in court, an experienced litigator will know how to get started in the most forceful posture. This is critical to obtaining a favorable outcome.
- Diligent prosecution of the action: Once the suit is underway, keeping the ball moving can be a difficult job requiring experience and insight.
- Appeals: Many IP cases go to appeal. We also have managed appeals successfully and can get you through this process.
- USPTO Practice: In patents, there are administrative procedures that can be critical strategic elements in an IP dispute — “Inter Partes Review.” We are experts at filing and prosecuting IPR proceedings to get clients the best possible outcome.
If representing a client could be compared to taking care of a medical patient, litigating would be like the surgery portion. It’s live, it’s high stakes, and the professionals involved are passionate about their charge. When making your choice for an IP attorney, ask yourself if you would want a surgery performed by a lecturer at a medical school — or a surgeon who knows your situation inside and out. We are your attorneys that have the passion, skill, and experience to get you the outcome you want.