Patent Litigation Lawyers: Protecting Your Innovations And Products In The Courtroom
A patent is a legal right granted by the government to an inventor, giving them the exclusive rights to exclude others from making, using, selling, or importing their invention for a limited period. This right is intended to encourage innovation by providing inventors the opportunity to profit from their inventions.
There may come a time when you require a court’s help to protect your patents or to defend your business against allegations of patent infringement. Based out of Washington, D.C., many of our clients are Asian businesses looking to market their products in the United States. Having the ability to enforce their patent rights and defend against allegations of patent infringement is crucial to such efforts.
Our attorneys at PV Law LLP have a deep understanding of sophisticated intellectual property law and industry-specific experience, with our team holding degrees in engineering, computer science, biochemistry and molecular biology. Offering cost-effective solutions globally and providing services in English, Korean and Chinese, you can trust us to use our over 100 years of combined experience to protect your business.
Our team of attorneys includes members who have been recognized by Patexia Insights for their skill in patent litigation.
- In 2025 and 2024, Patexia named PV Law LLP as a Top 250 Most Active Law Firm and a Top 250 Best Performing Law Firm for PTAB proceedings.
- In 2023, Patexia named PV Law LLP as a Top 250 Most Active Law Firm and a Top 100 Best Performing Law Firm for patent litigation.
- In addition, individual members of our team have been recognized by Patexia as the Top 250 Most Active Attorneys and Top 250 Best Performing Attorneys for patent litigation in 2025 and 2024.
What Is Patent Litigation?
Patent litigation involves legal proceedings to resolve disputes over patent rights. Such disputes arise when a patent owner accuses another party of patent infringement by making, using, selling or importing a protected invention without permission.
Different Types Of Patent Infringement
Patent infringement can occur either directly and indirectly. Direct patent infringement occurs when an entity makes, uses, sells or imports a patented invention without authorization. An example of this might be a company producing a device that is covered by a patent.
Indirect patent infringement includes instances where a party contributes to or induces others to infringe on a patent, such as a supplier providing parts specifically for use in an infringing product.
The Patent Litigation Process
Each step of the patent litigation process requires careful strategy and thorough preparation. Our attorneys at PV Law LLP can help you through each step of this process, ensuring that you present the necessary evidence to protect your intellectual property.
Filing A Complaint
The process begins when the patent holder files a complaint in a federal district court. This complaint must detail the specific ways in which the patent has been infringed. The filing establishes the basis of the lawsuit, outlines the involved parties and states the relief sought, such as damages or an injunction against further infringement.
Service Of Process
After filing the complaint, the plaintiff must formally deliver a copy of the complaint and a summons to the defendant. This step, known as the service of process, notifies the defendant of the legal action and compels their response.
Response To The Complaint
The defendant has a limited amount of time to respond to the complaint, typically 21 days. The response can either be an answer, which directly addresses the allegations, or a motion to dismiss, which argues that the case should not proceed for legal reasons.
Discovery
Discovery is the pretrial phase in which both parties exchange relevant information and evidence. This stage is crucial as it allows both sides to gather the facts that support their claims and defenses. Methods include depositions, interrogatories, requests for admission and requests for the production of documents.
Claim Construction Hearing
A claim construction hearing, or Markman hearing, is where the judge determines what the language and terms in the patent claims mean. This hearing is critical as the interpretation of the patent claim terms can significantly impact the outcome of the case.
Summary Judgment And Trial
Before the trial, either party can file for summary judgment. This is a request for the court to rule in that party’s favor based on the arguments and evidence adduced during discovery. Summary judgment is granted only if there are no significant facts in dispute and the law clearly favors the requesting party.
If the case is not dismissed on summary judgment, it proceeds to trial. During the trial, both sides present their evidence and arguments to a finder of fact, often a jury taken from the public. Witnesses, including expert witnesses, may be called to testify.
Post-Trial Motions And Appeals
After the trial, either party can file post-trial motions, which can include requests for the court to alter or amend the judgment or requests for a new trial. These motions are typically based on arguments that the trial or the jury’s verdict was somehow fundamentally flawed.
If either party is not satisfied with the outcome of the trial and any post-trial motions, they can appeal the decision to a higher court. In patent cases, appeals are usually heard by the United States Court of Appeals for the Federal Circuit. The appellate court reviews the lower court’s application of the law and, occasionally, key factual determinations.
Enforcement
After all appeals have been exhausted and any remanded issues resolved, the final step is enforcement of the judgment. This might involve the payment for past infringement, the payment of ongoing royalties for continued infringement, or measures to prevent future infringement in the event an injunction was awarded.
How Can The Patent Lawyers At PV Law LLP Assist You?
Our team can help you with every aspect of the patent litigation process. Whether you need help defending your patent against unauthorized use or someone has alleged that your business is infringing on their rights, our lawyers can provide strategic advice and robust representation. We assess the specifics of your situation, guide you through the legal complexities and aim to protect your business. Our patent litigation attorneys are well-versed in inter partes reviews, post-grant reviews, ex parte reexaminations and supplemental examinations.
Sophisticated Intellectual Property Legal Guidance
You can trust our legal team to offer the sophisticated intellectual property guidance you need to protect your rights in and out of the courtroom. With our deep knowledge and technical skills, you can trust that your intellectual endeavors are rightfully safeguarded.