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Patents

A patent is a right granted by the government to exclude others from using the invention claimed in the patent for a limited time.  Inventors can prosecute their own patents, but most often utilize the services of a patent prosecution attorney to work with the U.S. Patent and Trademark Office to obtain patents.  When a competitor infringes a patent, patentees turn to patent litigation attorneys to enforce the patents in court.  Substantially fewer than 1% of all patents granted are ever litigated.  Litigation is expensive and time consuming.  Many patent disputes are resolved without litigation, although the weakening of patent rights in recent years has made that less likely of an outcome—alleged infringers feel that they have a few avenues to challenge the validity of the patent with manageable risk.  However, whether litigated or not, a patent is only more than a wall decoration or statistic if it can be enforced.  Because so few patents are litigated, they are not always prosecuted with litigation in mind.  A patent litigation attorney will be able to provide insights into the possible enforceability of a patent that may not have been considered extensively during the patent prosecution process.

Many patentees obtain whole patent families, rather than single patents covering a technology.  While more costly, this allows the patentee to capture the full scope of the invention, allows for some level of protection against invalidation, and allows different patents to focus on different or evolving aspects of the technology.  The existence of patent families also gives patent litigation attorneys a choice of patents to assert.  Some members of the patent families may be a closer fit for the accused infringement.  Others may avoid invalidity issues that have developed in the law after the prosecution of the patents.  

Our patent litigation attorneys can help determine whether litigation to enforce your patent would be appropriate. Please contact Jonathan Rotter for more information about enforcing your pharmaceutical patents, drug patents, medical patents, medical device patents, surgical device patents, surgical instrument patents, therapeutic patents, chemical patents, optical patents , optics patents, biotechnology patents (biotech patents), life science patents, consumer product patents, industrial process patents, mechanical patents, agriculture patents, consumer technology patents, and household patents.

Court Recognition

“And without question, the Court is of the opinion that the value of benefit that’s been conferred to the class is extremely sizable and that this Court is certainly aware that the skill and efficiency of plaintiff’s counsel is what attributed to this settlement, and they are learned securities counsel. The Court is mindful of that, and as a result they were able to sort of weed their way through the complex issues in this case, and also to bring this about — bring about a settlement rather in short order as these matters go. So the Court certainly attributes that to counsel’s skill and efficiency, as well as the ability to work with the adversaries in this matter.”

–Hon. Susan D. Wigention, U.S. District Judge, District of New Jersey

“Class Counsel has conducted the litigation and achieved the Settlement in good faith and with skill, perseverance and diligent advocacy”

— Hon. Donovan W. Frank, U.S. District Judge, District of Minnesota

“The court finds that the Settlement Fund… created by Class Counsel is an exceptional result… The settlement is significantly above the average securities class action settlement when measured as a percentage of losses recovered… The court finds that Class Counsel, particularly Co-Lead Counsel, exerted tremendous effort on behalf of the class in the prosecution of this action… The Court finds that Class Counsel skillfully prosecuted this action, particularly given that this case was unusually complex relative to most securities fraud class actions. ”

–Hon. Dickran M. Tevrizian (Ret.), U.S. District Court Judge, Central District of California

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