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Patent Litigation

Patent infringement cases can be complex. Both sides should work early to evaluate their strategy. For example, before sending a letter to an infringer, patent owners should carefully consider what the recipient might do. They might do nothing. They might answer the letter by asking for more information, or they might bring a patent invalidity case against the patent owner in an unfavorable jurisdiction. That may happen even with a letter that makes no cease and desist threat and is merely an offer to license. What could have been a commercial advantage can become a liability.

Those receiving demand letters from a patent infringement attorney need to take care, too. Many times, we have seen them ignored. The reactions are: "that can't be patented" or "we've been doing that for years." The problem can be that the evidence may be old, and proving those facts can be tougher than the defendant thinks. Ignoring the letter can multiply the cost of defense.

In both situations, early preparation — and long-term strategic planning — leads to better results. Experience in applying the complex laws of patent damages, injuctions, claim interpretation, and the myriad of defenses in patent cases, is essential.

To learn more, contact our Houston patent litigation lawyers. We team with specialized litigation boutiques to tailor the team to the client — whether that is in contingent fee patent cases or hourly-rate litigation.

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