Patent Litigation
Liston Abramson represents companies and individuals throughout the world in licensing and enforcing their U.S. patents, and in defending against charges of patent infringement in U.S. district courts and in Section 337 Investigations in the International Trade Commission (“ITC”). We also represent both patent owners and patent challengers in post-grant proceedings in the U.S. Patent and Trademark Office (“USPTO”). Our depth of experience and perspective gives our clients an edge in patent disputes.
We have successfully asserted U.S. patents against some of the largest companies in the world, including entities such as Microsoft and Google. We have also successfully defended cases through non-infringement and invalidity arguments, including numerous successful challenges to U.S. patents in the USPTO. Our experience on both sides of disputes helps us to plan and execute winning strategies.
We work closely with our clients to understand their industry, technology, and specific goals. We provide our clients with an honest and pragmatic assessment of potential outcomes, options, and expected costs. We are also comfortable collaborating with clients’ existing in-house and outside counsel, including overseas attorneys, in these efforts.
Post-Grant Proceedings
We regularly assert and defend against post-grant proceedings in the USPTO, including IPR proceedings and ex parte reexaminations.
On the patent owner side, we defend our clients’ patents from attack via these post-grant proceedings, which has led to successful enforcement and licensing of the challenged patents. We have achieved several complete victories that have cleared the way for continued enforcement of the challenged patents.
On the challenger side, we have successfully attacked patents on behalf of companies accused of infringement, via both IPR proceedings and ex parte reexaminations.
Trials
We have extensive trial experience and do not shy away from fighting battles in the courtroom. We approach disputes with trial in mind; our cases are set for trial if an acceptable pre-trial settlement is not achieved. In preparation, we develop a deep understanding of the technology, the facts involved, and themes likely to resonate with a jury.
Funding
Liston Abramson offers a unique package of U.S. patent enforcement expertise and ready lines of third-party litigation funding. This allows patent holders to succeed against large, multinational infringers, whether that is through negotiations, IPRs, large-scale U.S. discovery, or court proceedings.
Alternative Fee Arrangements
Liston Abramson appreciates that the financial cost of high-stakes patent litigation can drain cash flow and impede the successful pursuit of a meritorious claim. We often partner with clients to develop risk-sharing solutions and alternative fee arrangements. Alternative fee arrangements can provide better fee predictability and value in appropriate matters by focusing on results and efficiency—often without being based directly on time expended.
The factors we consider in assessing whether to take on a case on a full or partial contingency basis include the following:
- First, we look for cases with strong merits and substantial damages to recover on behalf of our client.
- Second, the defendant must have the financial strength to meet the claim.
- Third, we need to see a credible strategy and clear path with regard to where and how a judgment or award against the defendant will be enforced.
Intellectual Property (IP) Prosecution / Registration
Though our primary focus is patent litigation, we are skilled in developing and protecting IP assets, including patent and trademark prosecution and copyright registration. We are also adept at drafting IP contracts, licenses, and evaluations. Our comprehensive perspective on IP is invaluable to understanding all IP issues and determining and reaching the best possible resolutions.
