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Patent Litigation
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Our lawyers know how to win patent cases because we understand the law, we understand complex litigation and we understand technology. From the outset of a case, we work with our clients to develop a strategy for winning the case. We have an impressive record of success in patent cases at trial and through pretrial summary judgment. We also work with our clients to find a business solution outside the courtroom – often a negotiated settlement or resolution pursuant to alternative dispute resolution – when that will achieve a client's objectives.

Frequently, the construction of patent claims in the pretrial Markman hearing will determine the outcome of the case. Our clients choose us to fight these claim construction battles because our lawyers understand technology, understand the patent process (we also file thousands of patents per year), and know how to explain difficult technology to judges and juries. More than 100 of our lawyers have degrees in electrical engineering, computer engineering, computer science, physics, math, biology, biochemistry, chemistry, chemical engineering, mechanical engineering, aeronautical engineering or civil engineering. Whatever technology a patent case involves, our technical backgrounds and knowledge of patent law give us a leg up on our competition.

When a case does go to trial, we bring ample trial experience into the courtroom. We have the flexibility to structure trial teams to suit our client's objectives and the needs of a particular case by offering the option of a trial team of experienced patent trial lawyers or a mix of patent and seasoned jury trial lawyers who are adept at trying patent cases. Our partners who handle patent cases include members of the prestigious American College of Trial Lawyers.

Patent litigation often involves venues other than federal district courts. Our lawyers have also handled intellectual property cases before the International Trade Commission and before arbitrators. Where patent litigation involves further proceedings before the Patent Office (such as interferences and reexamination), we have substantial experience in handling these proceedings as well.

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Publications
 
June 2008
Patent Strategy & Management
 
February 2008
Baker Botts IP Report
Willful Patent Infringement and Opinions of Counsel After In Re Seagate Technology
November 2007
Speeches and Presentations
Recent Court Decisions and Their Practice Impact
January 14 and 15, 2008 (New York); January 28 and 29, 2008 (San Francisco and live Webcast)
Calling a Time-Out: How to Stay a Patent Case
 
July 12 and 13, 2007
3rd Annual Advanced Patent Litigation Course, State Bar of Texas, Lake Tahoe
Patent Infringement: What It Is and What to Do If You're Accused
 
April 19 and 20, 2007 (Houston); April 26 and 27, 2007 (Dallas); and May 17 and 18, 2007 (Austin, video)
Intellectual Property for the General Attorney, University of Houston Law Foundation, Houston, Dallas, and Austin