Los Angeles 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.
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.