Patent Litigation

The Shook, Hardy & Bacon L.L.P. (SHB) Intellectual Property & Technology Litigation Practice regularly handles patent litigation cases in state and federal courts throughout the country.

As a firm, SHB is cognizant of the costs of patent litigation, and we attempt to practice preventive counseling to avoid an expensive trial for our client. This approach combines the expertise of our established practitioners in international law, licensing, antitrust, franchising and products liability. By addressing the full range of legal needs, SHB supplies the comprehensive solutions that often escape specialty law firms.

Unfortunately, sometimes patent litigation cannot be avoided. Patent litigation is typically the response to allegations of patent infringement. In patent infringement, an accused infringing party will generally assert one or more of the following regarding the patent:

• It was not practicing the patented invention.
• It was not performing any infringing act in the territory covered by the patent.
• The patent has expired.
• The patent (or the particular claim(s) alleged to be infringed) is invalid, because the invention in question does not meet patentability or includes a formal defect, rendering the patent invalid or unenforceable.
• The patent holder is infringing patent rights belonging to the accused infringing party, and the party may resolve the dispute in settlement or cross-licensing.

Patents are territorial, and infringement is only possible in a country where a patent is in force. The scope of protection may also vary from country to country, because the patent is examined by patent office in each country or region and may have some difference of patentability, so that a granted patent has not worldwide enforceability. Because SHB operates offices in nine offices strategically located around the globe, in addition to maintaining strong relationships with several global partners, we are uniquely equipped to handle patent litigation in any location.

To learn more about our successful patent litigation cases, contact us today.