Los Angeles, CA, Patent Litigation Lawyer
Manufacturers and individuals can be held financially liable for the unauthorized use of a patented design, production process, or product. At the Trojan Law Offices, our patent attorneys assert the rights and interests of inventors, universities, corporations, pharmaceutical companies, and others who have suffered financial harm due to patent infringement. While many of our attorneys have backgrounds in the sciences, we often consult experts in engineering, chemistry, bio-technology, medicine, and other fields when reviewing prior art issues, the uniqueness of a design, and existing patents. In many cases, negotiation or arbitration can settle a dispute. However, litigation may be warranted when a company’s competitive edge is at stake.
We have the experience and technical sophistication needed to protect your financial and legal interests. For more information regarding our practice, contact Los Angeles patent litigation lawyers at the Trojan Law Offices today.
PATENT LITIGATION – PROTECTING YOUR COMPETITIVE EDGE
Typically, companies who are guilty of patent infringement employ one or more of the following excuses or strategies to avoid financial liability for their actions.
- Arguing a patent is expired
- Claiming the technology or process used does not warrant a patent due to its being “obvious” or “common knowledge”
- A manufacturer denies using patented procedures or technology in the making of a product
- A manufacturer claims to have a valid license to use a patent
- A manufacturer accused of patent infringement claims that the owner of the patent has actually infringed upon the manufacturer’s rights under a licensing agreement
- A company or manufacturer claims the patent in question does not apply to the geographical location where its products are being made
Our Los Angeles intellectual property lawyers are familiar with these and several other strategies often used to deny any responsibility under the law on the part of infringers.
INTERNATIONAL PATENTS AND PRIORITY DATES
Litigating patent infringement at the international level can be complicated by the way priority dates are set under the terms of the Patent Cooperation Treaty (PCT). Under international law, the filing date for a US patent can be used to establish the priority date for an international patent if the international patent is applied for within a year of the US patent. Under the terms of the (PCT), patents filed for in one member country should be recognized and honored in other member countries.
Our patent attorneys understand how to address disputes regarding the setting of priority dates and enforcement obligations for member countries under the PCT. We have the scientific sophistication needed to address issues related to provisional patents and any inventions that arise from them that may be targeted for piracy or infringement in the international marketplace.
BIO-MEDICAL INNOVATION AND PROVISIONAL PATENT INFRINGEMENT
Under 35 U.S.C.A. §111(b), a provisional patent lasts for 12 months. As knowledge in the bio-medical field grows exponentially, labs and research facilities find provisional patents important in protecting newly discovered processes and innovations essential to their research. In many cases, the fields involved – genetic research, GMOs, nanotechnology – define the cutting edge of science itself. As a result, it’s important to have a team of attorneys who are capable of litigating infringements of provisional patents when key innovations and processes are at stake.
In addition to our litigation practice in Los Angeles, Trojan Law Offices has exceptional experience and expertise in patent and trademark appeals. For over twenty years, clients have turned to us after hard-fought litigation to take their case on appeal. Why? Because we get results. We have not only preserved trial court victories by obtaining affirmative rulings on appeal, we have won numerous reversals of adverse judgments, establishing a strong record on both sides of the appellate track. Our success is based on demonstrated appellate advocacy skills honed over the years in the appellate forums of the Ninth and Federal Circuits. We bring these skills to bear on small and large cases alike. Regardless of the size of the case, we are able to develop a winning strategy keyed to the particular issues at hand because we bring a fresh perspective to each case. If you are a litigant who is considering appeal, contact our offices to learn how we can be of service.
HOW TO SELECT THE RIGHT COUNSEL FOR YOUR PATENT CASE
It is difficult to know how to select the best patent litigation counsel if you have limited or no experience with patent litigation. Below are five criteria that you should consider in order to make an informed decision.:
We can all agree that experience is important. But what type of litigation experience should your counsel have for your patent case? Here are four types of experience that your counsel should be able to demonstrate:
A. Your counsel should be patent trial counsel; not just a patent litigator. There is a significant difference. Patent trial lawyers are those who have experience before judges and juries conducting actual federal court trials in patent cases. Many attorneys who handle patent litigation have never tried a patent case. They know all the pretrial procedures, but their cases have all settled or an older attorney in their firm has tried the cases. It is like knowing the procedures for flying a jet, but never having actually flown one. If you are forced to take your case to trial, you do not want your case to be the first one your lawyer has flown.
B. Your counsel should have appellate experience in patent cases. Patent attorneys who have never handled a patent appeal are far more likely to make critical mistakes in preserving issues for appeal. If a case goes all the way to trial, it has a higher likelihood of being appealed. You want to make sure your attorney knows how to preserve issues for appeal.
C. Your counsel should have a science or engineering degree. Most attorneys have a B.A. degree in such majors as political science, English, or philosophy. They may understand the law, but that does not give them the background to understand the finer points of science and engineering above a superficial level. You want your counsel to have a meaningful understanding of both patent law and the technology involved in your case.
D. Your counsel should be a Registered Patent Attorney. Many attorneys who handle patent cases are not Registered Patent Attorneys. Registered Patent Attorneys have science and engineering degrees and have been admitted to the Patent Bar in addition to their State Bar. Registered Patent Attorneys are the only attorneys who can practice before the Patent Office. They have a specialized understanding the procedures in the Patent Office and experience with those procedures. This is valuable background when interpreting patents issued by the Patent Office and evaluating the validity of patents.
2. COST EFFECTIVE:
Patent litigation is expensive, but that does not mean that your counsel should be paying for his or her vacation home with your case. If an attorney has experience in patent litigation, then they will have sought their attorneys in some case past case that they won. Did the judges in those past cases find their fees to be reasonable? That is one objective way to know if the attorney is charging too much.
Another way to assess if an attorney will be reasonable in his or her fees is to look for reviews that make mention of the reasonableness of the fees charged by the attorney. Such reviews will provide an additional insight into the cost effectiveness of the attorney.
Not all attorneys are responsive as they should be. You want to know what is going on in your case. It is your case. You should be a part of the decisions that are made in your case. Your attorney may know the law, but you are a major source of facts for your case. Your attorney needs to be enthusiastic about taking advantage of your knowledge of your products and your industry.
You should not be left waiting when you have a question or concern. Your attorney should be able to respond to your inquiries within 24 hours. And your attorney should be able to answer your questions in plain language that you can understand. Yes, patent law is complex, but if your counsel cannot explain the basis of your legal position to you in language that makes sense, then your counsel is not going to be able to explain your position to a jury in language they can understand.
On-line reviews are a good resource for this factor because many such reviews comment on the responsiveness of counsel.
4. TRUTHFULNESS THROUGH OBJECTIVITY:
It is important that you know the truth about your patent case. Both the good and the bad. Most attorneys will tell you what they believe to be true. You may be convinced that your attorney is an honest person. But the problem occurs when your attorney has become invested in a particular narrative of the case that you want to hear. As the case progresses, you both must be honest with each other if new facts emerge that damage the original strategy. Litigation is a dynamic event. You both need to be prepared to change your strategy, and possibly lower your expectations, as new facts emerge in your case.
For your attorneys to be honest with you, they must first be honest with themselves. So how do you know if an attorney is being honest with himself or herself? If your attorney cannot logically explain how new facts, especially new bad facts, fit into the agreed strategy, then the attorney may have lost their objectivity.
Do not allow your attorney to waive off new facts that concern you. How they will be dealt with must be explained. Without objective analysis of new facts, you may lose the opportunity to modify your strategy in time to still win the case. Or you may continue with a patent case at great cost when the new facts indicate that you should lower your expectations and settle the case. This is why a commitment to truthfulness through objectivity is a value you should seek in the counsel you select for your litigation.
5. POSTIVE REVIEWS:
Nowadays, it goes without saying that on-line reviews are a great source of information about the quality of products and services. Take advantage of this resource.
CONTACT LOS ANGELES PATENT LITIGATION ATTORNEYS AT THE TROJAN LAW OFFICES TODAY
Our attorneys have the knowledge and resources needed to keep your company at the cutting edge, securely positioned within the global marketplace. To schedule an appointment and learn how we can help you, contact patent litigation attorneys at the Trojan Law Offices today.