Practices

Intellectual Property

Patent Litigation

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.