Patent Litigation

Having patent rights in your invention allows you to protect your work from infringers. At Abraham, Watkins, Nichols, Sorrels, Agosto & Friend, in Houston, Texas, we are experienced in protecting patent rights through litigation.

A patent is the right to exclude others from making, using, selling, or offering for sale a patented invention. (Constitution, Article I, Section 8; 35 U.S.C.; 37 C.F.R.; MPEP).

If you are seeking to protect a patent, you need a team of patent litigation attorneys with experience in complex intellectual property rights cases. Our firm has over 50 years of experience in representing inventors, businesses, and entrepreneurs in protecting their patent rights. We routinely represent individuals in the prosecution of cases for misappropriation of patents or patent infringement. Whether you wish to get an injunction to stop the use of your invention, are seeking damages through a lawsuit, or would like a license agreement so that you collect, we know how to get results.

How are damages assessed in a patent infringement case?

Damages can be based on one of the following:

• Lost profits – if the infringement had not occurred, plaintiff would have sold the device itself; or
• Reasonable royalty – without the infringement, the defendant would have paid plaintiff a royalty for the right to use the patents

Texas is a Popular Venue in Patent Litigation

The patent laws provide that a patent lawsuit can be brought anywhere that an infringing product is offered or sold. Because Texas is so large, you can usually locate infringement in the state. Texas, specifically the eastern district of Texas, has become the number one venue for prosecuting plaintiff’s patent cases. In fact, roughly one-third of all patent cases get filed in the Eastern District of Texas.

Facts About the Courts, Judges, and Juries in Patent Litigation in the Eastern District of Texas

The eastern district of Texas has a set of local rules specifically for patent cases. These rules promote early disclosures, complete document production, and relatively quick trials. Judges in the Eastern District are very experienced in patent cases and very technically savvy.

The juries in the Eastern District seem to be very sympathetic to patent holders. Plaintiffs in the Eastern District have won about 95% of patent cases. Until recently, no jury had ever found a patent invalid in the Eastern District.

Our Law Firm Has the Experience, Determination and Resources to Vigorously Pursue Patent Infringement

Not every lawyer or law firm can handle a complicated patent infringement case. From beginning to end, patent litigation requires a big commitment of time, energy, and money. The discovery process in a patent case will typically involve the taking numerous depositions from the inventors, anyone involved with the inventors in licensing or selling the patented devices, the attorneys who prosecuted the patents, and others.

Each side will typically designate numerous expert witnesses on topics such as: claim construction, infringement, validity, inequitable conduct, and damages

The technical aspects of a patent case can be daunting, the pretrial work extensive, and the expenses very significant. Statistics show that an average patent case in the Eastern District of Texas costs between $4 million and $6 million to take all the way through trial.

If you believe there has been an infringement on your patent, we will pursue a claim against the infringing parties seeking an injunction or damages.

At Abraham, Watkins, Nichols, Sorrels, Agosto & Friend, our attorneys are skilled in patent protection and prosecution. We know the importance of protecting your intellectual property rights. We are experienced in preparing compelling cases against patent infringers and will take every necessary step to ensure that your rights are protected.

Please contact our firm for more information about our patent infringement litigation services. We are experienced and skilled in handling all of the following:

• Patent infringement
• Intellectual property litigation
• Patent protection disputes
• Licensing defense
• Patent prosecution
• Trade secret protection
• Machinery
• Methods
• Component parts

We will protect your intellectual property rights and interests to ensure the security of your future profits

Our attorneys have successfully handled claims regarding patent infringements and trade secret protection. If you believe that someone is infringing on your patent, we will assist you in developing appropriate licensing agreements so that you can collect what is owed to you under your patent.

We are sympathetic to the lives of inventors and others who pour their creative talents into their work. Our attorneys will work to protect your creative and experimental endeavors so that you can protect your security, your business, and your future creations.

Contact Abraham, Watkins, Nichols, Sorrels, Agosto & Friend for a free consultation and more information about our business services. Our experienced Houston, Texas lawyers are dedicated to achieving results for every client, in every case.