US patent infringement litigation firm – Silver & Co.
For decades, Silver & Co. has been serving businesses and individuals outside the US with regard to their US litigation, with an emphasis on US business litigation. We have a solid track record of success in representing non-US owners of US patents in US-based patent litigation. We understand the huge risk involved in patent infringement litigation yet we take these cases on a success basis because we are able to identify those few cases that have a good change of winning and generating significant awards.
Before we dive into the complex subject of US patent infringement litigation, it is vital to understand a few basics:
What is US patent infringement litigation?
US patent infringement involves a holder of a portfolio or family of US patents that sues a third party in the US for infringement of its patents.
What must a patent holder prove to win its case?
The US patent holder must only establish two things: (i) that the third party infringed its patent, and (ii) the amount of damages it is entitled to. In practice, however, patent infringement cases are probably the most difficult and most complex cases there are.
Why are patent infringement cases so hard to win?
Patent infringement cases are very hard to win and very expensive to maintain. Thus if you are considering filing such a case, you really have only one choice – find a law firm which believes in your case and is willing to take it on a success basis. Why are patent infringement cases so hard to win?
Such lawsuits are most always filed against large companies
Such cases are always filed against big companies. These companies hire the biggest and best law firms to fight the patent owner. And they spare no expense in doing so. And these cases either go to trial or settle just before trial. As a result, these lawsuits are very costly and involve huge amounts of legal work and out of pocket expense.
Such lawsuits are very complex and costly
Patent infringement cases will either go to trial or settle just before trial. To prepare a case for trial involves the investment of vast resources – money and time. The case will involve vast amounts of motions before the court, depositions, a variety of experts, national (and possibly international) travel, and more. In order to bring such as case, the small patent owner must find a law firm willing to take the case (i) on a success basis, and (ii) advance the costs of the litigation. However, such law firms are very aware of the fact that the defendant will put up a serious legal fight, so these law firms will only take cases where they have investigated in GREAT detail before they decide to take the case.
Why our firm?
Our firm has years of experience in US patent litigation. We understand the risk involved in taking these cases on a success basis and are thus extremely careful in taking on such cases. Before taking such cases, we spend a vast amount of time examining the strength of the case. This examination includes three main elements:
Is the patent valid?
It is true that once the U.S. Patent and Trademark Office grants a patent, it is presumed that the patent is valid. However, there are many ways to challenge the validity of patents at the patent office, after the patent has been granted. Usually, these proceedings are initiated and based on prior art that the patent examiner did not consider during the initial examination that makes the patent claims invalid. Given the fact that 84% of patents are found to be invalid in these proceedings, virtually all defendants initiate these proceedings. Defending against attacks on the validity the patent in these proceedings in a highly complicated and costly.
Was the patent infringed?
Our experience has proven that the likelihood of infringement is high when the patent holder has a family or portfolio of patents. One the other hand, the likelihood of infringement is very low when the alleged infringement is based on a single patent or claim. As a result, we never take on cases where the patent holder has a single patent. It is just too risky.
What are the damages?
To justify our firm taking on a case, the potential damages must be significant, and measured in the tens of millions of dollars. In other words, the infringer must be a big company, and the volumes of sales from the products that infringe the patent must be in the hundreds of millions of dollars. Otherwise, the potential damages are simply not worth the effort.
Legal representation for non-US patent holders
Our course, there are many other variables that determine whether or not a patent infringement case is worth our firm taking on the risk.
examination, determine that the reward is worth the risk.
Our firm has been representing foreign owners of US patents in patent infringement cases for years. We know how difficult it is to win these cases. Yet when we win, we win big, making the risk worthwhile.
If you are the owner of a portfolio of US patents which you believe are being infringed in the United States by a large company, contact us for a free consultation.