Patent Litigation Lawyer
Top legal support for patent litigation matters in federal courts nationwide
Patent Litigation Matters Handled in Federal Courts Nationwide
Patent litigation is exclusively federal. Cases are filed in U.S. district courts, reviewed by the Court of Appeals for the Federal Circuit, and challenged before the Patent Trial and Appeal Board. Baker Law Group, PLLC handles all phases of these disputes in federal courts nationwide. The firm represents both plaintiffs and defendants ā patent holders working to protect their inventions and companies challenging the scope or validity of asserted claims.
Patent cases span a wide range of technical fields. Baker Law Group, PLLC has handled matters involving telecommunications, semiconductors, mechanical systems, pharmaceuticals, and internet and web-based technologies. Each dispute demands legal precision and technical fluency in the subject matter at issue. The firm brings both to every engagement.
Patent Matters Baker Law Group, PLLC Handles
Baker Law Group, PLLC represents clients across the full spectrum of federal patent litigation ā from the initial complaint through Federal Circuit appeal.
Infringement Claims
- Direct infringement ā literal and doctrine of equivalents
- Induced and contributory infringement
- Willful infringement and enhanced damages exposure
- Claim construction at Markman hearings
Validity & Invalidity Challenges
- Anticipation under 35 U.S.C. Ā§ 102
- Obviousness under 35 U.S.C. Ā§ 103
- Written description and enablement under Ā§ 112
- Prior art searches and claim scope disputes
USPTO Post-Grant Proceedings
- Inter Partes Review (IPR) before the PTAB
- Post-Grant Review (PGR) under the AIA
- Ex Parte Reexamination
- Derivation proceedings (inventorship disputes)
Federal District Court Litigation
- Complaint drafting and affirmative defenses
- Complex fact and expert discovery management
- Expert depositions, including international
- Summary judgment on infringement and validity
- Jury and bench trials; preliminary and permanent injunctions
Licensing & Damages
- Reasonable royalty calculations
- Lost profits analysis
- FRAND disputes (standard essential patents)
- Licensing agreement negotiation and enforcement
- Settlement structuring
Appeals & ITC Proceedings
- Federal Circuit appeals from district court decisions
- Federal Circuit appeals from PTAB determinations
- ITC Section 337 investigations
- Exclusion orders and cease-and-desist enforcement
Technical Fields Where Baker Law Group, PLLC Has Litigated
Patent cases require fluency in the underlying technology. Baker Law Group, PLLC has litigated patent disputes across the following fields:
- Telecommunications
- Semiconductors
- Mechanical Systems
- Pharmaceuticals
- Internet and Web-Based Technologies
What Does Patent Litigation Involve?
Patent litigation is federal-only. Every case, regardless of the technology or location of the parties, is filed in a U.S. district court. Appeals go to the Court of Appeals for the Federal Circuit ā the only appellate court with nationwide jurisdiction over patent disputes.
Most patent cases follow a similar structure. A complaint is filed asserting infringement. The defendant responds with denials, invalidity defenses and counterclaims. The parties then provide their infringement and invalidity contentions on a claim by claim basis and identify disputed claim terms. Each side then presents its proposed meaning of the disputed terms. The court then holds a Markman hearing to construe the patent's claim language. After fact discovery and expert reports, the parties may move for summary judgment. If the case does not settle, it proceeds to trial.
Post-grant proceedings at the USPTO often run parallel to district court litigation. Inter Partes Review (IPR) has become the primary tool for challenging patent validity after a case is filed. A successful IPR petition can resolve validity questions more quickly and at lower cost than a full district court trial. Baker Law Group, PLLC handles both tracks ā and coordinates strategy across them when both are in play.
Discuss Your Patent Matter With a Skilled Patent Litigation Attorney
Baker Law Group, PLLC represents plaintiffs and defendants in patent infringement cases, PTAB proceedings, and Federal Circuit appeals across the country. Contact the firm to schedule a consultation.
Frequently Asked Questions About Patent Litigation
What is patent litigation?
Patent litigation is the legal process of resolving patent rights disputes in federal court. It covers infringement claims, where a patent holder asserts rights against an unauthorized user, and invalidity defenses, where the defendant argues the patent should not have been granted. All U.S. patent cases are filed in federal district courts. Appeals go to the U.S. Court of Appeals for the Federal Circuit.
How does a patent infringement case proceed?
A patent infringement case begins with a complaint in federal district court. The case then moves through claim construction through a Markman hearing, fact and expert discovery, summary judgment motions, and trial. Most disputes resolve by settlement before trial, but cases with large damages exposure or strategic importance often proceed through verdict and appeal.
What is an Inter Partes Review (IPR)?
An Inter Partes Review is a proceeding before the Patent Trial and Appeal Board (PTAB) at the USPTO. A third party uses it to challenge the validity of an issued patent on prior art grounds ā meaning earlier patents or publications that anticipate or render the claimed invention obvious. IPRs were established under the America Invents Act of 2011 and are now one of the most common tools used by defendants in patent disputes.
Can a patent be challenged after it has been issued?
Yes. Issued patents can be challenged through USPTO post-grant proceedings ā including Inter Partes Review, Post-Grant Review, and Ex Parte Reexamination ā or through an invalidity defense or counterclaim asserted in district court litigation. A patent that survives either a PTAB challenge or a district court invalidity challenge is substantially stronger in future disputes.
What damages are available in a patent infringement case?
A prevailing patent holder may recover reasonable royalties ā what a willing licensor and licensee would have agreed to ā or lost profits, if the holder can demonstrate sales lost because of the infringement. Courts may award enhanced damages up to three times the base amount when infringement is found to be willful. The court may also issue an injunction barring ongoing infringement, which in some technology markets carries more strategic value than a damages award.
Does Baker Law Group, PLLC represent both patent holders and accused infringers?
Yes. Baker Law Group, PLLC represents both plaintiffs ā patent holders asserting their rights ā and defendants facing infringement claims. Each side of a patent dispute requires a distinct litigation strategy, and experience on both sides informs stronger advocacy. Contact Baker Law Group, PLLC to discuss which position applies to your matter and the best path forward.