Global Technology Patent Dispute Attorney for Infringement Litigation

When litigation is reasonably anticipated, preserve key evidence. Patent disputes can put source code, design files, product records, prior art, sales data, and internal communications in play.

• Identify key custodians and data sources.
• Suspend routine deletion of relevant material.
• Record preservation and collection steps.

Federal cases, PTAB review, EPO proceedings, and national actions follow different rules. Treating them as one case can hide a critical deadline.

• Track each filing and response date for each active forum.
• Assign responsibility for every forum.
• Compare positions before making technical admissions.

Patent infringement litigation may require source code, design records, sales data, and prior art. Collection should stay focused on disputed claims and defenses.

• Map requests to claims and defenses.
• Use court procedures to protect sensitive technology.
• Identify foreign collection limits early in each active jurisdiction.

A claim-construction argument may affect PTAB strategy or a foreign validity position. Teams should compare key submissions before filing.

• Maintain one chart of asserted claims and prior art.
• Check translations of important patent terms.
• Flag statements that may affect another proceeding.

Under 35 U.S.C. §315(b), IPR generally cannot be instituted on a petition filed more than one year after service of an infringement complaint on the petitioner, real party in interest, or privy. Section 315(c) separately addresses joinder.

• Calendar the one-year bar after service.
• Review prior art before selecting petition grounds.
• Coordinate IPR with intellectual property litigation positions.

A patent owner may file a preliminary response within three months after the PTAB issues its Notice of Filing Date Accorded. This differs from the petitioner's §315(b) deadline.

• Separate petitioner and patent-owner deadlines.
• Use the preliminary response to address institution issues.
• Track foreign validity proceedings on separate calendars for each forum.

Article 99 EPC generally gives nine months from publication of the mention of grant to file an EPO opposition. WIPO administers the PCT but does not operate an EPO-style patent opposition procedure.

• Track EPO opposition separately from IPR.
• Use national or regional validity procedures where required.
• Coordinate patent filings with enforcement planning.

Federal Rule of Civil Procedure 65 governs injunctions and TROs. Preliminary injunctions require notice, and Rule 65(c) governs security.

• Prepare infringement and validity evidence early.
• Address irreparable harm and the injunction factors.
• Check foreign interim-relief rules separately.

A settlement may include licenses, cross-licenses, royalties, or patent transfers. A patent license does not automatically trigger merger-control reporting; the transaction structure controls.

• Define the patents, products, and territories covered.
• Set royalty reporting and audit rights.
• Review restrictive terms for competition risk.

Recognition, remedies, and patent rights vary by forum. The practical question is where the conduct, products, parties, and assets are located.

• Identify target markets and relevant assets.
• Confirm local enforcement procedures.
• Match requested relief to local patent rights.

Royalty disputes often start with a reporting gap rather than a fresh infringement claim. Clear verification terms make noncompliance easier to address.

• Set payment and reporting dates.
• Define audit and record-access rights.
• State notice and cure procedures clearly.