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As global competition continues to grow, so has the number of IP litigations. Often IP rights are among the most important assets of a company, and it is critical to protect them against theft by competitors. At the same time, many companies are confronting a growing number of accusations of infringement from others seeking to enforce a portfolio for the purposes of generating licensing fees. One of the most important elements of any IP strategy is using litigation effectively to protect and defend intellectual property assets, whether by asserting rights or protecting your ability to operate with minimal risk and expense.

Litigation is the backbone of Dickstein Shapiro’s IP Practice. The firm’s IP attorneys have handled more than 800 IP litigation matters, including 150-plus trials, more than 100 of which were jury trials. The practice includes experienced trial attorneys who are nationally recognized leaders in IP litigation. More than a dozen of our IP litigators have first-chair trial experience, and those attorneys have an average of more than 22 years of trial experience. Our attorneys have substantial experience and have achieved remarkable results on both the plaintiff and defense sides, including obtaining judgments in excess of $500 million and successfully defending against suits involving hundreds of millions of dollars, including one where the patent owner was seeking more than $1 billion.

A successful litigation strategy requires a comprehensive understanding of client goals and best management practices designed to achieve those goals. The objectives for an outcome vary depending upon whether the client is a plaintiff or a defendant and whether the opposing party is a competitor or a patent licensing company with no other business activity outside of litigation. For some cases, a rapid, low-cost resolution may be the only goal, while others may provide opportunity to secure patent license rights and protection from future litigation. Other cases may offer the chance to gain an important advantage against a competitor. It is our mission to understand our clients’ goals and align case strategy to achieve them as quickly, efficiently, and agreeably as possible.

Litigation management should focus on client needs. This includes several components:

1. Client goals and expectations should be defined as completely as possible and regularly revisited;
2. An early case assessment is important to determine how those goals can best be achieved;
3. A communications plan is implemented to provide clients with regular, up-to-date information about the status of the case and to project upcoming events so clients can make appropriate decisions and plans. The frequency of this communications plan is calibrated to client needs;
4.  Systems must be in place to control costs and ensure that the level of effort being delivered by outside counsel is consistent with client expectations, case needs, and any applicable court orders; and
5.  The most up-to-date technology should be used to ensure efficiency and rapid responses to client needs.

Our IP litigators work with clients to:

• develop litigation strategies directed to achieving clients’ current and long-term business objectives;
• develop worldwide licensing and enforcement programs for the monetization of IP assets;
• present complex technological issues to judges and juries;
• make presentations in Markman and summary judgment hearings;
• conduct discovery in accord with clients’ budgets, litigation needs, and business goals;
• develop alternative fee arrangements with clients so that the firm shares the risks and rewards of litigation;
• manage and comply with ediscovery requirements and document management issues;
• obtain re-examination of competitors’ patents, and defend clients’ patents in re-examination proceedings;
• litigate ITC actions;
• handle the licensing and transfer of intellectual property rights to avoid or resolve litigation; and
• implement IP management programs by reviewing existing IP assets and recommend best practices for organizations to maximize IP assets.

The firm litigates intellectual property rights in all areas of technology, including electronics, communications equipment, internet systems and operations, semiconductors, pharmaceuticals, polymers and other specialty chemicals, computer hardware and software, image processing, and biotechnology. Our IP litigators also collaborate with our government contracts attorneys to assist clients in managing the interplay between government contract requirements and IP needs.