We have a passion for helping clients establish their ownership of an invention and protect their intellectual property rights. We offer our clients extensive experience in the Northern District of California with patent prosecution and litigation. Being accused of patent infringement or receiving a declaratory judgment challenging the validity of your patent can often yield a gut reaction of fear and anxiety. Do not feel threatened or let your company get forced into a settlement by patent trolls. Likewise, asserting your patent rights might feel daunting, but our extensive knowledge in the Northern District can help you attain your business goals.
We can guide you through the intricacies of the telecommunications, semiconductors, computer hardware, and software industry in the Northern District. Together we can devise a strategy that will best serve your business goals, and should it be necessary, litigate.
Given recent decisions in the Supreme Court’s decision in the TC Heartland and the Federal Circuit’s decision in In re Cray has shifted the landscape of patent litigation within the US. There are local rules for the Northern District that should be strictly complied with by litigants, and items like sealing motions and overall court procedures are different from what is typical in Texas. For example, unlike Texas, technology tutorials in the Northern District are expected to be live and Attorneys and their team should be prepared for the judge to ask precise questions. In addition, the Northern District of California has its own Patent Local Rules that need to be thoroughly understood to avoid extremely costly mistakes. A copy of the Patent Local Rules can be obtained from the following web page: https://www.cand.uscourts.gov/localrules/patent. But any qualified local counsel can deftly guide you through these nuances.
Local Counsel Services for the Northern District of California
Our team is available to provide local counsel services if you find yourself needing to assert patents against parties residing in the Northern District. Aside from providing all of the typical local counsel services, we are also pleased to offer insights and provide as little or as much guidance as your team desires in achieving your legal objectives. We are acquainted with all three courthouses in the Northern District, including the San Francisco, San Jose, and Oakland divisions. We have significant time in these courthouses and are pleased to offer services to assist you with your Northern District matters.
Vigorously Protecting Your Right to Innovate in California’s Northern District
The technology climate in the last few years has only accelerated in the pace of advancement. While we currently live in a first-to-file world and generally anti-patent climate in the design space, that doesn’t change the fact that immense work goes into researching, manufacturing, and marketing a product. Do not allow an unreasonable assertion of a patent to keep you from monetizing your invention to its full potential.
Our overall goal is to defend your rights or properly contextualize the limitations of a competitor. Typically, this can force a settlement or delay the enforcement of their claims stemming from an issued patent. When a product falls within a scope of a patent’s claims that is akin to a trespass. But a lack of technical understanding or profit-driven motives can cause people to broadly assert their rights without justification.
There are a variety of methods by which we can protect your rights to a patent, including assisting in litigation. While litigation can be costly for all parties we strive to resolve disputes with the other parties in the most cost-effective way possible. Should it be necessary, we are willing to argue on your behalf at both the trial and appellate levels.
Some strategies that discourage litigation include:
- Patent re-examination challenging the validity of an issued patent.
- Inter partes review proceedings to challenge the validity of patent claims.
- Competitor patent audits to identify and leverage the threats posed by their patents.
- Identifying cross-licensing opportunities.
Litigation generally involves a patent owner asserting one of several forms of patent infringement, including:
- Indirect infringement of a patent.
- Direct infringement of a patent.
- Infringement by inducement.
- Declaratory judgments
- License disputes
There are a variety of strategies we can employ as a local counsel that you can leverage to minimize your exposure to damages. We not only seek to represent clients, but instead attempt to form a strategic partnership with them to advocate on their behalf and reach the best possible solution while always keeping in mind costs. If we succeed in eliminating an infringement suit, but you are placed in an overly burdensome financial position, then we do not label such a scenario as a victory. Satisfying your cost expectations is my top priority.
Meeting Strategic Goals in the Northern District
We approach all our work with a strategic eye towards your market’s technical aspects as well as your overall strategic goals. Our overall goal is to eliminate the threat of lengthy patent litigation which could discourage your inventors to continue innovating and customers from continuing to do business with you.