Patent Infringement Litigation

Patent infringement lawsuits are typically divided into two or more court appearances. First, the court interprets the scope of the patent and second the court determines whether the accused device or method is within the scope of the patent. Many lawsuits are essentially won or lost at the first stage.

The first appearance is called a Markman hearing. In Markman hearings, the court is provided with claim charts demonstrating the scope of the invention and legal briefs arguing a particular position. Patent litigation practice is capable of preparing claim charts for Markman hearings, Markman legal briefs and arguing the case before the judge.

Alternatives to Patent Litigation

Litigation can be quite costly. One solution to avoid unwanted patent litigation costs is to Request a Reexamination of an Issued Patent with the United States Patent and Trademark Office (USPTO). A Reexamination may be declared upon a demonstration that there is a “substantial question of patentability.” It is all explained in article.

Reexaminations come in two forms:

An Ex Parte Reexamination is solely between the USPTO and the Patent Holder. The third party requestor does not actively participate in the proceedings but is provided with copies of all correspondence provided to the USPTO or to the Patent Holder including any updates to Information Disclosure Statements.

An Inter Partes Reexamination allows the third party requester to provide a reply to arguments made by the Patent Holder. However, rules of issue preclusion may arise if litigation is later instigated.

Interference Proceedings

An Interference is declared when two Patent Applications or when a Patent Application and an Issued Patent claim the same subject matter. Interferences seek to decide who was the first to invent the claimed invention. as you can learn from article.


Another frequent alternative to Litigation includes Licensing the Invention or Trademark. Licenses can be quite malleable and can address a variety of scopes or territories.