Patent Litigation and Appeals

What really counts…is winning.

Richard Beem

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).

The battle to defend or to overcome a patent can take many years and requires many resources. Thus, the decision to litigate cannot be taken lightly, but requires both a business and legal strategy for success. Patent legal counsel should be involved early in the process to ensure that alternatives are explored and a sound decision is made.

When patent litigation cannot be avoided, it is prudent to consider three parameters in handling the case: (1) positioning for mediated resolution; (2) preparation for trial and (3) cost control.

Selecting The Right Patent Lawyer

In attorney selection, it is important to consider patent law experience, familiarity with Federal Circuit precedent, litigation experience, mediation, negotiation and licensing skills, hourly rates and lean staffing. Strategy should be practical but creative and based on experience in managing cases to satisfy multiple parameters.

Boasts of aggressive “no holds barred” litigation practices and jury trial victories may be more appropriate for other kinds of cases than patent litigation, in which the landmark Markman decision held that patent construction is a legal question for the court based primarily on patent law.

In view of the prevalence of eventual settlement, every strategy should consider early use of mediation or other dispute resolution techniques balanced against likely litigation outcomes, i.e., the best alternative to a negotiated agreement (BATNA).

Last but not least, it is essential to have a written litigation plan and budget.

In patent litigation or appeal, clients benefit from Beem’s thorough preparation and execution to “move the ball” towards a favorable and timely judgment.

Beem Patent Law Firm has litigated and won numerous patent infringement cases in both bench and jury trials in federal courts nationwide. Call Beem Patent Law Firm for information on representation available to you for your patent litigation matter.

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