Patent Litigation
Liston Abramson represents companies and individuals throughout the world in licensing and enforcing their U.S. patents. Our depth of experience and perspective gives our clients an edge both in enforcing patents. We have successfully asserted U.S. patents against some of the largest companies in the world, including entities such as Microsoft and Google.
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 to our clients. We collaborate with patent owners’ existing attorneys, including overseas attorneys, in program enforcement.
Though we generally represent plaintiffs in asserting their patent rights against infringers, our depth of experience, both on the defense side of patent cases, as well as on the plaintiff’s side, also gives us an edge in effectively and efficiently representing defendants in patent cases.
IPR Proceedings
We defend our clients’ patents from attack via inter partes review (IPR) proceedings. In defending our clients’ intellectual property, we have achieved substantial monetary recoveries, and a number of complete IPR victories that have cleared the way for enforcement and/or licensing of the challenged patents.
Trials
We have extensive trial experience, and we do not shy 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 and the facts involved, as well as themes that are 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 drain cash flow and can impede the successful pursuit of a meritorious claim. We often partner with our 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 the 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, it is vital that the defendant has 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 judgement or award against the defendant will be enforced.
Intellectual Property (IP) Prosecution / Registration
Though our primary focus is in 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 a IP issues and determining and reaching the best possible resolutions.
