Patent Litigation & Appeals

The U.S. Supreme Court accepts very few patent cases for review (approximately one to two a year). The U.S. Supreme Court, at its discretion, and within certain guidelines established by Congress, hears cases that may begin in the federal or state courts, and usually involve important questions about the Constitution or federal law.

A recent patent case that the U.S. Supreme Court heard was KSR Int'l v. Teleflex, Inc., 550 U.S. ___ (2007). This case dealt in detail with Section 103 of the Patent Act.

Appeals historically occur in about ½ of 1% of all patent cases. Experience has revealed that the case that is prepared for trial and appeal usually settles, but the case that is prepared half-heartedly for settlement often must be tried and appealed. In the twists and turns of a patent case, it is useful to keep the goal in mind.

What really counts…is winning.

Whether enforcing patents or responding to patent threats, patent litigation matters require an aggressive attorney skilled both in patent law and in patent litigation (Representative Cases).