Porter Hedges trial lawyers have years of experience litigating all aspects of patent infringement claims. We have represented both patent owners and accused patent infringers in jurisdictions across the Southwest in cases which involve technology ranging from metallocene catalysts used to produce specialty plastics to oilfield equipment to patio umbrella stands. Our patent litigators work with world-renowned experts and highly trained graphic artists to clearly and persuasively present complicated technology issues to juries.
Our recent patent litigation experience encompasses substantially all of the important legal issues which are involved in patent litigation today, including claim construction, claim invalidity based upon anticipation, obviousness, best mode, non-enablement, written description, and related invalidity claims, as well as unenforceability due to inequitable conduct in the procurement of a patent and the assertion of antitrust counterclaims.
We have successfully asserted and defended against damage claims based upon lost profits, price erosion, and reasonable royalties. We have secured favorable jurisdictions for our clients by asserting declaratory judgment claims in local venues, and we have successfully asserted lack of jurisdiction arguments in cases where our clients have been sued in locales where they have no operations.
Our patent litigators also have significant experience before the Federal Circuit, and have recently briefed and argued issues relating to willful infringement, inequitable conduct, invalidity and related issues. Copies of representative briefs that Porter & Hedges has filed in the Federal Circuit are available upon request.
We have represented clients in a precedent setting case involving electronic reproduction technology used on copyrighted works and in high-pressure trade secret lawsuits. In recent years, we have obtained successful jury verdicts for our clients in patent infringement litigation involving oilfield equipment, electronic manufacturing devices, and chemical catalysts, among others. Our trial lawyers pride themselves on their ability to present even the most complex technology to lay jurors in an understandable and interesting way. We regularly appear before the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., the federal court of appeals created to resolve all appeals of patent disputes nationwide. These results demonstrate a disciplined blend of business acumen, technology application and trial skills.
Trade Secret Litigation
For clients involved in applications such as home building, biotechnology, energy, electronics and software, Porter Hedges' trademark and trade secret litigation capabilities are extensive. Our lawyers have tried numerous trademark, trade secret and related cases to jury verdicts. Our lawyers have litigated both registered and common law trademark infringement claims to jury verdicts, and have sought and defended against injunctions for theft of trade secrets and confidential business information.
- Representation of inventors of a device used to enhance the manufacture of electronic circuit boards against multinational telecommunications companies.
- Representation of geophysical company in patent dispute concerning marine seismic survey equipment.
- Defense of a manufacturer of ultrasonic gas measurement devices against claims of patent infringement.
- Representation of a major oil company accused of infringing a patent relating to a metallocene catalyst used to manufacture specialty plastics.
- Representation of the manufacturer of downhole geophysical equipment against claims of breach of warranty, breach of contract, fraud and theft of trade secrets.
- Representation of valve manufacturer accused of supplying defective valves to multinational oil company.
- Representation of foreign government against the manufacturer and seller of defective downhole tubular goods for oilfield use.
- Represented major kitchen and bath fixture retailer in cybersquatting case against competing merchandiser. Secured judgment for more than $1 million in damages and attorneys' fees, affirmed by the U.S. 5th Circuit Court of Appeals. Case involved protection of trade names and trade dress in Internet domains. Secured verdict of willful, wrongful use resulting in recovery of actual and punitive damages and attorneys' fees.
- Represented information technology company against claims of theft of trade secrets in developing software packages involving seismic data. Secured favorable jury verdict.