Patent

Patents often represent a company’s most valuable assets. With the rapid advances in technology, patents are increasingly contested in courtrooms by companies large and small. Trial lawyers at LPHS regularly litigate patent infringement matters on both sides of the docket, representing a wide variety of companies and investors, and have handled all aspects of patent litigation.

The patent practice at LPHS is different from that of many specialty firms because we are trial lawyers who handle all types of complex civil litigation. We know how to explain complex technologies to judges and juries who lack technical backgrounds; we believe that to be our greatest skill as trial lawyers. At the beginning of each case, we focus on the critical issues and the best path to an early victory by identifying key pressure points, and we work to develop case strategies early. As a result, we help our clients gain the leverage they need to resolve these cases favorably.

Patent infringement lawsuits have unique protocols and rules, and many cases are won or lost during the initial stages of the case. This includes the disclosure of infringement and invalidity contentions and the investigation and ultimate determination of claim construction. Our clients return to us because we win while still staffing our cases leanly and efficiently.

We represented Savi Technologies (a subsidiary of Lockheed Martin) in defending against patent infringement claims by Axcess, which sought royalty in excess of $70 million. Our firm was hired as lead counsel shortly after the court issued its Markman ruling. Following successive motions to strike the testimony and report of the plaintiff’s damage expert, the court removed the case from its trial docket and stayed in favor of a reexamination proceeding. Thereafter, the U.S. Patent and Trademark Office issued a final rejection of all claims in the asserted patent.
We represented Mannatech in a series of four cases about the enforcement of a patent portfolio that supports its principal product line (Ambrotose^TM), which has accounted for more than $1 billion in total sales. Beginning in late 2006, Mannatech filed its first patent infringement action against a direct competitor, Glycobiotics. The case went to trial, and LPHS obtained a unanimous jury verdict in favor of Mannatech on its patent and trademark claims, including multiple findings of willful infringement. Based on the jury’s findings, the court entered a permanent, nationwide injunction and awarded attorneys’ fees and damages. Following this initial trial, LPHS has filed patent infringement lawsuits against additional competitors. LPHS obtained permanent injunctions against eight direct competitors, which removed more than 17 infringing products from the marketplace.
We represented Motorola Inc. in connection with a large, international patent licensing dispute between it and Research in Motion involving more than two dozen patents, litigated in multiple forums worldwide. We served as counsel in connection with the patent infringement portion of the litigation that was pending in the Northern District of Texas (the sole federal court action in the United States).
We represented Marco Display Specialists in connection with patent infringement claims brought by a direct competitor involving a mechanical display apparatus. Through early case development, we filed a dispositive motion for summary judgment prior to briefing on claim construction. The case settled on terms favorable to the client within days of filing our motion for summary judgment.