TEXAS PATENT INFRINGEMENT DEFENSE

PATENT DEFENSE AND LITIGATION SERVICES

Patent Infringement Defense 

A patent infringement claim is a federal cause of action that may be brought by a U.S. patent owner against another party when the patent holder alleged that a party is practicing a patented invention without authority. Our IP litigation attorneys provide counseling on patent litigation, patent defenses, and patent strategies to help protect you from being held liable for patent infringement. Our patent lawyers represent clients in patent infringement defense throughout the United States, including the U.S. District Courts for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas. 

What Are The Defenses To Patent Infringement? 

While non-infringement is the most common patent infringement defense, there are several other patent infringement defenses a patent litigator must consider:

• Non-infringement: A defense to a patent infringement claim is that the accused product or process does not include or perform one or more of the patent claim limitations. Because it does not include or perform those limitations, the accused product or process does not infringe. In layman's terms, the accused product or process and the patented product or process are two different and distinct inventions.

• Invalidity Based on Prior-Art:  Another defense to patent infringement is showing that the asserted patent claim is invalid either because the prior art anticipates it or because the patent is an obvious given of combinations of the prior art: 

• Anticipation : Anticipation refers to the defense that a patent is invalid because it is not novel or, simply, someone else invented it before.

• Obviousness : An obviousness defense combines prior art references to show that the invention itself is not novel as a person of ordinary skill in the art would have been motivated to combine previously invented items to come up with the same invention.  To determine whether a patent claim is obvious involves the following:

1. the scope and content of the prior art;
2. the difference between the prior art and the claimed invention; and
3. whether a person of ordinary skill in the art at the time of the invention would have considered the claimed invention obvious.

• Failure to Follow Statutory Requirements: A patent can be held invalid if a patent fails to meet certain statutory requirements. To determine whether a patent claim is invalid for failure to meet specifc statutory obligations, you would look for the following:

• Written Description : Does the specification provide a complete written description of the invention?

• Enablement: Does the specification include sufficient specificity and detail so that after reading the specification, a person of ordinary skill in the art can practice the invention without undue experimentation?

• Best Mode: In a proceeding filed before September 16th, 2011, does the specification set forth the best way known to the inventor of practicing the invention? 

• Failure to off a Patent to Include Patent Eligible Subject Matter:   Is the subject matter of the patent  a "new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." Examples of non-patentable subject matter are as follows:

• A law of nature; 
• A mathematical formula;
• A physical phenomena; and
• An abstract idea.

• Inequitable Conduct: Did the inventor breach its duties of disclosure or candor to the United States Patent Office (USPTO) when the patent was prosecuted?  A breach of a duty to disclosure or an intentional lie to the patent office can result in a patent becoming invalid.  Patent applications and patent counsels are under the following duties and obligations when applying for a patent: i) t o disclose all material prior art to the patent examiner;  and ii only advance truthfully and honest arguments or positions during prosecution;

Dallas Patent Infringement Defense Lawyers

Our Dallas patent infringement defense attorneys have earned a reputation for aggressive, responsive, efficient, and, most importantly, successful infringement litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straight forward unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court. Our patent lawyers represent clients in patent prosecuting and patent infringement throughout the United States, including the U.S. District Courts for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas.