Almost all companies doing business today use complex, relatively new technologies, particularly including computing and telecommunication technologies, hoping those technologies are free from claims of ownership by others. Unfortunately, many businesses find themselves the targets of patent litigation. Fighting patent suits can drain a company’s resources and cripple its business and, if not handled successfully, can expose them to additional suits and future costs. Many of our clients also develop patent technologies and or otherwise hold patents that provide significant competitive advantages. We have an impressive record of success in enforcement of our clients' patent rights.

Our patent litigation attorneys understand not only patent law, but the science and technology behind the facts and the art of well executed litigation strategies. We are repeatedly recognized as having one of the top patent practices in the country and are frequently profiled by leading publications because of our high profile successes against some of the most persistent opponents.

With more than 200 patent attorneys registered to practice before the United States Patent and Trademark Office, many of whom have advanced degrees, and a variety of scientific specialties, and a litigation department of more than 170, we combine the technical know-how of a large patent boutique with the deep bench and resources of a large litigation firm.

We don't just litigate patent matters but collaborate with clients to identify the best strategy for the clients' business and counsel on the propriety of strategies, including injunctive relief, licensing agreements, reexamination, and declaratory judgment actions.

Patent Reexamination & Inter Partes Disputes

Kilpatrick Townsend's Patent Reexamination & Inter Partes Disputes team is comprised of attorneys with experience in both patent prosecution and patent litigation matters. Our wealth of reexamination experience allows us to guide clients through the challenges of the new inter partes review and post-grant review proceedings. More...

Derivation Proceedings

Beginning, March 16, 2013 new “derivation proceedings” will be tried before the new Patent Trial and Appeal Board (PTAB) to determine whether an inventor named in an earlier patent application “derived” the invention from an inventor named in a later application and filed the application without authorization. Under the first-inventor-to-file provisions of the new patent statute, an applicant may file a petition to institute a derivation proceeding only within one year of the first publication of a claim to an invention that is the same or substantially the same as the earlier application’s claim to the invention. The petition must be supported by substantial evidence that the claimed invention was derived from an inventor named in the petitioner’s application.

Eastern District of Texas

Almost 20 percent of the more than 400 patent suits we've handled in the past five years were in the Eastern District of Texas. With experienced trial judges, expeditious local discovery rules, and few criminal cases cluttering the docket, the Eastern District of Texas has become a very active patent litigation jurisdiction in recent years. The popularity of the Eastern District of Texas with patent owners has resulted, however, in significantly longer times to trial and other litigation intervals than was the case until recently. We know how to navigate the challenges facing defendants, as well as maximize the advantages for plaintiffs filing in this jurisdiction.

We invest the considerable time often needed to learn the details of our client’s industry, technology, culture, and business. Our team then develops a sound litigation strategy, with our client and with appropriate attention to the details, but with comprehension of and constant reference to the bigger picture.