Patent Litigation

Overview

“Blank Rome provides a holistic offering that allows the team to act on an array of litigation, transactional, and prosecution matters across the spectrum of IP rights and technologies.”

Chambers USA

Whatever situation our clients face, Blank Rome has the flexibility and versatility to have the right team to meet those challenges and achieve a reasonable business solution. From contesting cases filed by patent trolls to defending against infringement claims or asserting intellectual property rights against competitors, a seasoned team of Blank Rome attorneys can assist companies in navigating litigation to best position them for a return to what they do bestselling their products and/or services.

Because each patent litigation is different, with unique business objectives, each case requires a customized plan to ensure success for that particular case. Blank Rome attorneys are committed to understanding our clients' objectives and enter into a partnership with them to achieve their goals. Blank Rome attorneys can assess cases—like those filed by patent trolls—that can be resolved with a minimum resources quickly and can formulate an efficient, fast-track strategy with our clients. A defense plan that puts a company deep into an expensive litigation before discovering an inexpensive settlement option is not success.  Likewise, underestimating a competitor and showing up unprepared for a trial is also not success.  

We have the experience to take any matter to trial, and the wisdom to understand that success for our clients very often will not come from a jury. When a company chooses to assert patents through litigation, whether against a direct competitor or otherwise, it needs to have a plan that leads to success.  Launching a patent litigation that ends up costing as much to pursue as the damages award will not make for a happy CEO. A pre-suit license that brings in a royalty for every sale the competitor makes might put a smile on the CEO’s face. On the other hand, there are times when nothing but an injunction will do, and cost of getting it is secondary. Collaboration between the litigators and the company is the only way to ensure a successful result. The company needs to work with experienced litigators to discuss what result can be delivered in litigation, at what cost, and under what timeline. Whichever the endgame, the only path to success is attorney-client collaboration to serve the best interests of the company.

Our adversarial and litigation attorneys have helped clients achieve success through:

  • securing favorable trial outcomes
  • enjoining competitors from entering the market
  • achieving royalty-bearing license agreements
  • settling cases early before incurring substantial costs
  • executing an IPR strategy and staying district court litigation

Our team of seasoned litigators is adept at handling patent litigation in U.S. district courts, the U.S. Court of Appeals for the Federal Circuit, and the Patent Trials & Appeal Board. Further, with offices in Houston, Los Angeles, New York, Philadelphia, Wilmington, and Washington, D.C., we are on-the-ground in the most active patent litigation docket jurisdictions in the country.   

What Sets Us Apart

  • One of the largest IP practices in the United States
  • In the past five years, we have handled more than 430 infringement suits and declaratory judgment actions, both on the patent enforcement and defense sides.
  • More than 50 attorneys registered to practice before the USPTO and have handled more than 80 contested proceedings and 90 IPRs

Blank Rome has earned a reputation as one of the top law firms in intellectual property in the United States.

  • 2019 U.S. News & World Report—Best Lawyers (Woodward/White, Inc.) nationally ranks Tier 2:
    • Litigation – Intellectual Property
    • Litigation – Patent
    • Patent Law
    • Trademark Law
  • 2018 Chambers USA: ranked Blank Rome for Intellectual Property in Texas
  • 2018 IAM Patent 1000 (Globe Business Media Group):
    • Texas: highly recommended overall in the prosecution category, and was recognized in the categories of transactions and litigation
    • D.C.: recommended in the prosecution and transactions categories, and recognized in the category of litigation
  • 2017 IPR Intelligence Report (Patexia): Top 50 firm for Inter Partes Reviews
  • 2017 Managing IP – IP Stars (Euromoney Institutional Investor PLC): Recommended Intellectual Property Firm – Pennsylvania.

Team

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