Patent Litigation and IPR Practice

HKW lawyers have successfully represented individuals and corporations as plaintiffs and defendants in a wide variety of patent-related litigation in the federal court system.  Our work includes standing shoulder to shoulder with our clients in some of the most complex two-party cases, as well as multi-district litigation (MDL) and disputes before the U.S. Patent and Trademark Office’s Patent Trial and Appeals Board (PTAB).  The firm’s attorneys have participated as counsel in over 100 patent infringement cases, and two of our IP litigators have been named to Intellectual Asset Magazine’s 1000 Leading Patent Practitioners of the World (2014-16) in the field of patent litigation.

The firm’s patent litigation practice encompasses work in a broad spectrum of industries, including:

  • Electrical and mechanical engineering
  • Computer arts
  • Internet
  • Software and hardware technology
  • Chemistry
  • Biochemistry
  • Telecommunications
  • Pharmaceuticals
  • Construction products
  • Minerals
  • Textiles
  • Healthcare and medical devices

Our experienced litigation team counsels clients about the state of the art, the likelihood of infringement and strategies involving both litigation and post-grant review proceedings before the PTAB, including Inter Partes Review (IPR). IPR work is now a key portion of most patent disputes. With our hands on approach, our IPR budgets are highly competitive. (For more about our IPR practice, click here.)

Although we frequently offer patent defense in litigation for major technology companies, including the defense of a twenty-five patent set of cases in the Central District of California, we also represent patent owners in enforcing strong patents, including entrepreneurial fee agreements such as contingency or partial contingency fee arrangements. Our successful representation of plaintiffs in patent litigation has earned HKW the reputation as one of the  “go to” firms for plaintiff’s contingency fee-based patent enforcement activities in the U.S.

Most of the lawyers at HKW have substantial experience in patent litigation, which allows us to scale our representation to even the largest and most significant matters involving dozens of patents. HKW lawyers have diverse technical backgrounds and experiences, including mechanical, chemical and biomolecular engineering, and computer arts. Our ability to understand our clients’ technologies and investigate emerging technologies in various industries allows us to counsel a wide variety of patent owners about how to transform their patent portfolios into income-producing assets. This ability also helps us craft defense strategy based on technologically sound arguments, while at the same time not getting “lost in the weeds.” Our extensive trial experience permits us to translate these arguments into cogent, understandable presentations to a judge or jury.

Two of our partners have served as special masters to district courts in intellectual property matters, giving the HKW team a unique perspective on the issues.

Click here for a list of our representative patent cases.

Patent Counsel Practice

In addition to litigation and post-grant proceedings, the firm also counsels clients on patent strategies and licensing, including patent investigations, opinions of patentability, opinions of infringement/non-infringement, participation in patent interferences, prior art searching, and clearance opinions.

Our Network of Experts

Patent cases typically hinge on expert testimony. Based on our many years of experience working with experts, HKW has a vast network of experts whom we can pick up the phone and call, with no need for expert agencies. These experts understand how to work on reasonable budgets.

Patent Solutions

The patent attorneys at Hill, Kertscher & Wharton, LLP bring a powerful combination of experience and commitment to each client matter, and we know how to effectively protect important intellectual property in phases of the technology life-cycle.  To discuss the best way to assess, develop and protect your assets, as well as to defend claims of infringement, contact our team today at (770) 953-0995.