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Patent Litigation

Patents often represent a company’s most valuable assets.  With the rapid advances in technology, patents are being increasingly contested in courtrooms by companies large and small.  Trial lawyers at LPCH regularly litigate patent infringement matters on both sides of the docket, representing a wide variety of companies and investors, and have handled all aspects of patent litigation. Our proven experience in patent litigation includes cases involving electronics, consumer products, nutraceuticals, and internet technology.  Our skilled trial lawyers vigorously defend and enforce our clients’ rights in cases pending in courts all over the United States.

The patent practice at LPCH is different from many of the specialty firms because we are trial lawyers who handle all types of complex civil litigation.  We understand how to present complicated subjects and technologies to judges and juries in a clear, persuasive manner.  Indeed, that is our greatest skill as trial lawyers.

At the beginning of each case, we focus on the critical issues and the best path to an early victory by identifying key pressure points, and we work to develop case strategies early. As a result, we help our clients gain the leverage they need to resolve these cases favorably.

Patent infringement lawsuits have unique protocols, and many cases are won or lost during the initial stages of the case, which includes the disclosure of infringement and invalidity contentions, and the investigation and ultimate determination of claim construction. Our clients return to us because we win while still staffing our cases leanly and efficiently.  

EXPERIENCE HIGHLIGHTS

We successfully represented Savi Technologies (a subsidiary of Lockheed Martin), in defending against patent infringement claims by Axcess, which sought royalty in excess of $70,000,000.  Our firm was hired to be lead counsel shortly after the court issued its Markman ruling. Following successive motions to strike the testimony/report of Plaintiff’s damage expert, the court removed the case from its trial docket and stayed it in favor of a re-examination proceeding. Thereafter, the PTO issued a Final Rejection of all claims in the asserted patent.

We successfully represented Mannatech in a series of four separate cases relating to the enforcement of a patent portfolio that supports Mannatech’s principal product line (AmbrotoseTM), which has accounted for more than $1 billion in total sales.  Beginning in late 2006, Mannatech filed its first patent infringement action against a direct competitor, Glycobiotics.  The case went to trial and LPCH obtained a unanimous jury verdict in favor of Mannatech on its patent and trademark claims, including multiple findings of willful infringement.  Based on the jury’s findings, the Court entered a permanent, nationwide injunction and awarded attorneys’ fees and damages.  Following this initial trial, LPCH has filed patent infringement lawsuits against additional competitors.  LPCH successfully obtained permanent injunctions against eight direct competitors, which injunctions removed more than 17 infringing products from the marketplace.

We represented Motorola, Inc. in connection with a large, international patent licensing dispute between it and Research in Motion (“RIM”) that involved more than two dozen patents, and was litigated in multiple forums throughout the world. We served as counsel in connection with the patent infringement portion of the litigation that was pending in the Northern District of Texas (the sole federal court action in the United States).

We represented Marco Display Specialists in connection with patent infringement claims brought by a direct competitor involving a mechanical display apparatus. Through early-case development, we were able to file a dispositive motion for summary judgment prior to briefing on claim construction.  The case settled on terms favorable to the client within days after the filing of our motion for summary judgment.