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Each Florida Patent Litigation Lawyer at Our Firm Has Extensive Experience Protecting Companies’ Interests In and Out of Court

We have decades of experience representing clients in patent litigation. Even within the realm of intellectual property, patent litigation presents a variety of unique issues and challenges, so it is imperative that litigants engage trial counsel with significant relevant experience. We have successfully represented patent owners and patent infringement defendants in a wide range of industries. When you choose Lott & Fischer, you will work closely with a Florida patent litigation lawyer who has a firm grasp of both the technical and legal issues involved in your company’s case.

Common Issues in Patent Litigation

While every dispute is unique, many patent disputes involve the same basic underlying issues. When facing a dispute, identifying all relevant issues is a critical first step toward building and executing an informed litigation strategy. Some of the most common issues in patent litigation include:

  • Lack of patentable subject matter
  • Lack of novelty or utility
  • Obviousness
  • Overlooked prior art
  • Defective patent claims
  • Pre-filing sales or public uses
  • Violation of license agreements or other contracts

Again, these are just examples. As your company’s litigation counsel, we will thoroughly examine the issues at hand, and then we will provide the insights you need to make informed decisions about your next steps.

Our Approach to Patent Litigation

We take a comprehensive and forward-thinking approach to patent litigation that focuses on protecting our clients’ interests as fully and efficiently as possible. This approach generally involves:

Identifying All Viable Claims and Defenses

One of our first steps in every case is to identify all viable claims and defenses. This lets us know what we’re up against, and it allows us to develop a sound plan without overlooking any issues that are relevant to our client’s case.

Formulating a Patent Litigation Strategy

With a clear understanding of the issues involved, we can shift our focus to formulating an informed patent litigation strategy. Depending on the circumstances and our client’s posture in the litigation, this could involve everything from seeking preliminary injunctive relief to targeting a quick out-of-court settlement.

Pursuing Claims or Defenses in the Appropriate Forum

Selecting the proper forum for patent litigation is vital. Mediation or arbitration (or both) will be required in some cases, and disputes over the appropriate forum and venue for litigation can trigger additional costs and delays.

Negotiating as Warranted

We are always prepared to negotiate when it is in our client’s best interests to do so. Our lawyers are constantly looking for leverage and evaluating settlement opportunities during the litigation process, and we identify and discuss all settlement opportunities with our clients.

Targeting an Efficient and Favorable Resolution

When settling a patent dispute is not in our client’s best interests, we work to secure a favorable resolution as efficiently as possible. Depending on the circumstances, this could mean seeking a favorable decision in arbitration, seeking a pre-trial resolution, or taking our client’s case to verdict.

FAQs: Preparing for Patent Litigation in the U.S. or Abroad

When Is It Worth Litigating a Patent Dispute?

Determining when it makes sense to litigate a patent dispute requires a thorough analysis of the legal issues involved as well as the potential financial implications of both litigating and not litigating. At Lott & Fischer, we prioritize helping our clients make informed decisions, and we only recommend litigating when it is in our client’s best interests to do so.

When is Mediation or Arbitration Required in a Patent Dispute?

Mediation or arbitration may be required under the terms of an agreement between the parties (if one exists). Mediation may also be required by the court presiding over a patent dispute in some cases. Along with experience litigating patent disputes in the U.S. and abroad, we have significant experience helping our clients protect their interests in mediation and arbitration as well.

What Are the Potential Remedies in Patent Litigation?

The remedies available in any particular case will depend on the specific circumstances involved. With that said, some examples of the types of remedies that are generally available in patent litigation include injunctive relief, damages, legal fees, and patent invalidation.

Talk to a Florida Patent Litigation Lawyer in Confidence

With offices in Florida, we represent clients in patent litigation throughout the United States, and we represent U.S. clients in connection with foreign patent litigation as well. To speak with a Florida patent litigation lawyer at Lott & Fischer in confidence, please call 305-448-7089 or request a consultation online today.