Understanding The U.S. Trial System And The Litigation Process For IP Cases

At PV Law LLP, based in Washington, D.C. law firm, our intellectual property lawyers and patent attorneys have over 100 years of combined experience litigating cases in the U.S. court system. Our lawyers have received national recognition for their litigation skills.

We serve clients from around the world who need IP representation in U.S. cases, providing legal services in English, Korean and Chinese. We recognize that if you are not familiar with the U.S. judicial system, it can seem daunting and overwhelming. If your patent case requires litigation in the American court system, our experienced litigators can help you understand the process and procedures.

Understanding The Differences Between State And Federal Courts

In the United States, the judicial system comprises both state and federal courts. Patent cases are heard in federal court because they involve issues with a patent, which is granted by the federal government. Additionally, certain patent disputes are handled by the United States International Trade Commission (ITC), which is a separate body from the court systems.

Understanding The Steps In A U.S. Court Case That Is Destined For Trial

Not all cases go through the lengthy process of a trial. Our legal team strives to provide cost-effective legal solutions to meet your goals and will help you attempt to reach a viable settlement before proceeding to trial.

However, in the event a settlement is not in your best interests, our lawyers have extensive trial experience. There are several different steps to a case. These include:

• Pleadings: The pleadings are formal documents that initiate the lawsuit.
• Motions to dismiss: A motion to dismiss asks that the court dismiss the case at an early stage of the case.
• Discovery: The discovery process requires that the parties exchange information.
• Expert discovery: Expert discovery involves utilizing expert witnesses to provide specialized insights.
• Contentions: The contentions require the patent owner to specify the theory of infringement and require the patent challenger to specify their theories as to why the patent is invalid.
• Claim construction: This establishes the meaning of terms in the patent claims and thus defines their scope. .
• Pretrial motions: Pretrial is the final step to prepare for trial with final motions and strategy.
• Trial: A trial presents the case in court for a judge or jury decision.
• Judgment: The court’s decision on the case.
• Appeals: An appeal allows a party the chance to ask that a higher court review the decision in the case.

At PV Law LLP, our experienced litigators will help you identify your legal goals. In the event your patent case requires litigation, they will advise you of your legal rights and options at every phase of trial preparation through the final judgment and beyond.

What Are Pleadings?

Pleadings initiate the lawsuit. The plaintiff files a complaint, outlining the claims against the defendant. The defendant is then served with the complaint and must respond, either admitting or denying the allegations.

What Is A Motion To Dismiss?

A motion to dismiss is a legal request made to the court to terminate a case before it proceeds to trial, often early in the case before the defendant files its answer. Such a motion argues that even if all the facts presented by the opposing party are true, there is no legal basis for the lawsuit to continue. Common reasons for filing a motion to dismiss include:

• Lack of jurisdiction
• Improper service of process
• Failure to state a claim upon which relief can be granted

If the court grants the motion, the case is dismissed, either with or without prejudice. Dismissal with prejudice means the case cannot be refiled, while dismissal without prejudice allows the plaintiff to correct the issues and potentially refile the case.

Understanding The Discovery Process Of A Trial

Discovery is the pretrial phase where parties gather evidence. Generally, lawyers have several months to conduct discovery. The different types of discovery include:

• Interrogatories: Interrogatories are written questions that require written answers.
• Document requests: Document requests require each party to provide documents that are relevant to the opposing party.
• Depositions: Depositions allow the parties to question witnesses under oath. Not only is this a useful tool to gain information from the witness of an opposing party (or third party), this also provides each side insight as to how that witness will testify during the trial.
• Requests for admission: Requests for admission ask the other party to admit or deny certain facts.

Responding to discovery requests is crucial as it ensures the fair exchange of information between the parties. If a party fails to respond in good faith, they can be penalized by the court, including by losing the case.

What Is A Deposition Of A Fact Witness?

A deposition of a fact witness involves obtaining sworn, out-of-court testimony from an individual who has direct knowledge of facts related to a case. During this process, attorneys ask the witness questions and their responses are recorded for later use in court. Fact witness depositions are crucial as they allow both parties to gather detailed information and assess the credibility of the witness. This testimony can be used to support arguments in pre-trial motions, to challenge the opposing party’s claims, or to confront a witness during trial if that witness provides inconsist testimony during the trial.

What Is A Deposition Of An Organization (30(b)(6)) Deposition?

A 30(b)(6) deposition is a specific type of deposition where an organization, rather than an individual, provides testimony. Under Rule 30(b)(6) of the Federal Rules of Civil Procedure, a party can request that an organization designate one or more individuals to testify on its behalf regarding specified topics.

These designees speak for the organization, providing information about its policies, practices and knowledge relevant to the case. This type of deposition ensures that the organization’s official position and knowledge are accurately presented and can be critical in complex litigation involving corporate entities.

Understanding The Importance Of Expert Discovery In A Patent Case

Experts play a vital role in patent cases.  The complex issues of infringement, invalidity, and damages are almost always presented at trial through an expert witness. Our attorneys have extensive technical experience beyond their law degrees which helps them understand and question expert witnesses throughout a wide range of industries.

Why Is Expert Discovery Important During A Patent Case?

Expert discovery ensures that both sides have a clear understanding of the opinions that the opposing party’s expert will present at trial. By conducting thorough expert discovery, we can identify the strengths and weaknesses of the opposing side’s arguments. This enables us to craft a more compelling argument in your favor, thereby increasing the likelihood of a favorable outcome in your patent litigation.

What Is An Expert Report?

An expert report is a detailed document prepared by an expert witness that outlines their findings, analyses and opinions related to your case. This report serves as a foundation for the expert’s testimony and provides a comprehensive explanation of their conclusions.

An expert report includes data, methodologies and reasoning that support the expert’s perspective. Having a well-prepared expert report strengthens your case by clearly communicating the technical aspects and supporting your legal arguments, ultimately contributing to a successful litigation strategy.

Expert Depositions

Expert depositions provide an opportunity to probe further into the opinions of an expert as well as the underlying data and reasoning employed by the expert.

Understanding Contentions In The Litigation Process

Contentions involve laying out the claims and defenses. This step helps clarify each party’s position and guides the case strategy. In patent cases, there are two primary types of contentions: infringement contentions and invalidity contentions.

What Are Infringement Contentions?

Infringement contentions outline the specific claims of the patent owner, including what claims are allegedly infringed, what products of the defendant are covered by those claims, and where each element of the infringed claim is found in each product.

These contentions serve as the foundation of a patent infringement case, providing the opposing party with a clear understanding of the allegations. This clarity helps streamline the litigation process and guides both parties in their preparation for trial.

What Are Invalidity Contentions?

Invalidity contentions present arguments and evidence asserting that a patent is not valid. When we prepare invalidity contentions, we identify prior art or other legal grounds that challenge the validity of the patent claims. This might include demonstrating that the patented invention was already known or obvious at the time of filing.

By laying out these arguments, invalidity contentions provide the patent holder with a clear understanding of the defense’s position. This process is essential in patent litigation as it helps both parties focus on the core issues.

What Happens During Claim Construction In Patent Litigation?

Claim construction in patent litigation is the process by which the court interprets the language and scope of the applicable patent claims. This step is vital in patent litigation as it can be extremely influential on the outcome of the case.

The court will review the patent claim, the patent specification, the prosecution history of the patent and other evidence such as expert testimony and technical treatises. Based on this evidence, and the parties’ respective arguments, the judge will reach a conclusion about how to interpret the claims.

Understanding The Different Pretrial Motions

Before a trial begins, each party may bring pretrial motions. Pretrial motions can include requests to rule on the admissibility of evidence (motions in limine) or resolve an issue of the case without having that issue go to trial (motions for summary judgment).

What Are Pretrial Exchanges?

In pretrial exchanges, the parties inform each other of the evidence they intend to use during the trial. Pretrial exchanges involve identifying witnesses who will testify, exhibits the parties intend to introduce into evidence, and other critical information important to the upcoming trial. Pretrial exchanges provide both parties the chance to prepare for trial.

What Happens During A Trial?

During the trial, both parties present their evidence and arguments. to the finder of fact (judge or jury). Witnesses may be called, exhibits may be admitted, and both sides argue why the testimony and other evidence favors their position. Trials can last for several days or even weeks, depending on the issues involved and the complexity of the evidence.

Judgment: The Possible Outcomes Of A Trial

There are many different possible outcomes to a trial. A trial can result in monetary damages that provide financial compensation for the plaintiff. A trial can also result in an injunction. An injunction is a court order that orders a party to stop certain actions.

When Can You Appeal A Judgment?

After a trial has concluded, sometimes there is an opportunity to appeal. You can appeal a judgment if there are legal errors that affected the trial’s outcome. You can also appeal if the jury reached unreasonable conclusions. Appeals must be filed within a specific timeframe after the judgment.

What Is The United States Court of Appeals for the Federal Circuit?

The United States Court of Appeals for the Federal Circuit is a specialized appellate court with nationwide jurisdiction over certain issues, such as patents. It hears nearly all appeals of patent cases, making it a crucial venue for intellectual property disputes.

Established in 1982, the Federal Circuit handles appeals from federal district courts and certain administrative agencies. Its decisions can significantly impact patent law interpretation and application across the United States. The court’s focus on intellectual property and other specialized areas, such as international trade and veterans’ claims, ensures consistency in these complex legal fields, providing clarity and guidance for lower courts and litigants.

How Does A Case End Up Before The Supreme Court?

A case reaches the Supreme Court of the United States typically through the process of a writ of certiorari. Parties seeking review of a lower court’s decision (such as from the Federal Circuit) petition the Supreme Court to hear their case. The Court receives thousands of petitions annually but grants certiorari to only a small percentage, usually involving significant legal questions or issues where lower courts have conflicting rulings. Accordingly, the Supreme Court hears at most a few patent cases a year.

Experienced Litigators For Complex IP Cases

Our attorneys at PV Law LLP are well-equipped to handle complex patent law cases. With our extensive experience and technical knowledge, we are prepared to tackle the most challenging intellectual property litigation matters.