Intellectual Property

Patent and Trademark Litigation

Patent and Trademark Litigation

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Porter Hedges trial lawyers have years of experience litigating all aspects of patent infringement cases. We have represented both patent owners and accused infringers in cases which involve technology ranging from oilfield equipment to patio umbrella stands, from electronic manufacturing devices to chemical catalysts. Our patent litigators work with world-renowned experts and highly skilled graphic designers to clearly and persuasively present complicated technology issues to juries.

Our experience encompasses substantially all of the important legal issues which are involved in patent litigation today, including:

  • Infringement analysis;
  • Claim construction;
  • Claim invalidity based upon anticipation, obviousness, best mode, non-enablement, written description, and related defenses;
  • Unenforceability due to inequitable conduct in the procurement of a patent;
  • Antitrust allegations;
  • Lack of jurisdiction arguments in cases where our clients have been sued in locales where they have no contacts;
  • Damage models based upon lost profits, price erosion, and reasonable royalties;
  • Willful infringement and enhanced damages; and
  • Inter partes reviews before the USPTO.

Our patent litigators also have experience before the Federal Circuit and have recently assisted in the briefing and argument of issues relating to damages, infringement, and standing.

In addition, our trial lawyers have substantial experience mediating and arbitrating claims involving intellectual property allegations.  Understanding that most lawsuits settle before trial, we actively counsel clients on alternative dispute resolution methods and their respective advantages and disadvantages.

Trademark Litigation

Trademarks, trade names, trade dress, and service marks are valuable assets that must be protected from unauthorized use. Conversely, businesses using generic, unprotected product names or slogans may also require protection against claims that they have violated others’ trademarks and trade names. We are experienced in researching and developing evidence to both assert and defend against these types of claims. Our lawyers litigate registered and common law trademark, trade dress, and service mark infringement claims to verdicts in state and federal courts, on both the trial and appellate levels.

Representative Experience+
 Patent Litigation
  • Representation of a provider of systems and methods for cooling the inlet air for power gas turbines in a patent infringement suit involving four patents in U.S. District Court for the Southern District of Texas.
  • Representation of seismic equipment manufacturer as defendant in a patent infringement suit involving five patents related to marine seismic survey equipment in the U.S. District Court for the Southern District of Texas and U.S. Court of Appeals for the Federal Circuit.
  • Representation of a Canadian mobile printing company as plaintiff in a patent infringement suit involving four patents related to mobile printing systems and methods in the U.S. District Court for the Southern District of Texas.
  • Representation of international manufacturer of power and automation technologies as defendant against breach of license and patent infringement claims.   
  • Representation of a leading CD and DVD manufacturer defending against a patent infringement allegations brought in the Eastern District of Texas.
  • Representation of individual inventors of a device used to enhance the manufacture of electronic circuit boards in a patent suit against multinational telecommunications companies in the Western District of Texas and Southern District of Texas.
  • Representation of a manufacturer of ultrasonic gas measurement devices against claims of patent infringement.
  • Representation of a major U.S. university in a patent infringement suit against multinational companies related to specialty plastics in the Eastern District of Texas.
  • Representation of a major oil company accused of infringing a patent relating to a metallocene catalyst used to manufacture specialty plastics.
  • Representation of a Canadian environmental products company defending against patent infringement and other state law allegations related to degradable plastic film and the mechanical device used to deposit the film onto a landfill.