Patent infringement claims are a federal cause of action brought by patent owners, or entities with rights in a patent, against a party alleged to have made, used, or sold a patented invention without authorization. Patent holders who take action in federal court may seek injunction to cease the use of an item or invention, damages, or a license agreement against the alleged infringer.
If you face a claim for patent infringement, working with proven business attorneys like those at Hendershot, Cannon & Hisey, P.C. is crucial. Not only is patent litigation a complex and detailed endeavor, it can amount to a matter of financial survival, even when claims are brought by “patent trolls,” or companies that hold patents almost solely to sue for financial awards.
As a Houston-based firm regarded for our ability to successfully resolve intellectual property disputes for clients in state and federal venues, we have the requisite tools and resources demanded by these difficult cases.
Discuss a patent infringement claim and defense personally with a member of our team. Call (713) 909-7323 for an initial consultation.
Patent owners have the burden of proving infringement, but pro-active discovery, investigation, and pre-trial work, including technical and procedural considerations unique to the case, are vital to a successful defense.
When handling infringement cases, there are general stages of action at which a case can be successfully defended against:
On occasion, we encounter situations in which the customers of our client, but not our actual client, are sued for patent infringement. In a typical case (such as those involving software licensing), your customers may request indemnification from the liability created by a patent troll's infringement claim. Our goal is to "beat the troll to the punch" by filing a declaratory judgment action.
In a declaratory judgment action, we ask the court to declare that the patent is invalid due to un-patentable subject matter, prior art, obviousness, and indefiniteness.
In these types of patent infringement cases, we are in effect defending both you and your customers, and if we are successful in obtaining a declaratory judgment, we will have the patent declared invalid before you are required to provide indemnity.
Patent trolls, or non-practicing entities (NPEs) which bring a majority of patent cases, pose substantial threats to both business owners and entrepreneurs in their attempts to seek financial awards. Although these cases pose unique challenges, they can be effectively handled by experienced attorneys like those at Hendershot, Cannon & Hisey, P.C.
When defending claims brought by patent trolls, we work to not only assess exposure to damages and validity of claims, but to also develop tailored strategies for securing the best possible results given the circumstances at hand. In many cases, this begins with the motion to dismiss, which will allege that the patent does nothing more than describe a well-known, and typically obvious, abstract idea, or raise arguments as to a claim’s failure to identify the infringing product, insufficient rights of the plaintiff, or improper jurisdiction.
Patent trolls’ business models focus on getting as much money as possible as soon so possible. As a firm that represents legitimate and successful businesses across Texas, we draw a hard line in the sand when clients face illegitimate claims, and work aggressively to defend against recurrent claims and demands for what are, in effect, ransoms.
Our Houston business litigation lawyers are dedicated to fighting on behalf of a diverse clientele in challenging intellectual property disputes and patent infringement cases. If you wish to discuss your potential matter with a member of our team, and learn how our background, decades of experience, and breadth of knowledge can be of benefit to you, call (713) 909-7323 or use our online form to arrange in initial consultation.