Patent Litigation

Valid patents grant lawful monopolies of incredible value – the right to exclusive exploitation of an invention and the right to exclude any other person from practicing it in the United States or other protected territories.  Most patents being complex documents, the typical patent lawsuit initially presents a formidable array of concepts, issues, and witnesses.  But these cases are not tried before specialized Courts.  U.S. District Courts all over the U.S., and more importantly, standard local juries, decide them.

Our patent litigators combine deep understanding of technical patent subject matter, with enormous experience in making patent cases understandable to juries.  This collective experience embodies recovery to date of more than $1 billion for clients in patent infringement damages, awards of broad injunctions against infringement, and successful defense of similar large claims, often through invalidation of patents that enable clients to exploit free-market technologies.

Conventional wisdom that patent lawsuits cost millions of dollars is based on the extraordinary hourly rates charged by major city firms.  We offer equivalent capabilities at the lower rates prevailing in our South-Central region, as well as fixed-fee, not-to-exceed, budget-driven, contingency, and other alternative costs arrangements.

In some situations, clients have long-standing relationships with other IP firms, such as firms that originally prosecuted patents at issue.  Where clients prefer to retain those relationships, we are also especially proud of our history of teaming with major national IP firms in “virtual partnerships,” where we have saved our clients substantial expense through allocation of appropriate work to lower-cost professionals.

Cases representative of our experience include:

• Michelson v. Medtronic, Inc. (W.D. Tenn.)
• Smith & Nephew, Inc. v. Synthes (W.D. Tenn., 466 F. Supp. 978)
• Kyphon, Inc. v. Medtronic, Inc. (W.D. Tenn.)
• Smith & Nephew, Inc. v. Zimmer, Inc. (W.D. Tenn.)
• Smith & Nephew, Inc. v. Stryker Corp. (W.D. Tenn.)
• Karl Storz v. Smith & Nephew, Inc. (W.D. Tenn.)
• Storm Products v. Ebonite International, Inc. (D. Utah)
• Brunswick v. Ebonite International, Inc. (D. Colo.)
• Innovative Solutions & Support, Inc. v. Kollsman, Inc. (W.D. Tenn.)