Intellectual Property Litigation

Patent Office Litigation

Since the America Invents Act (AIA) of 2011 made PTAB proceedings a favored route for companies sued for patent infringement due to its cost-effectiveness and faster pace, defendants facing infringement allegations and patent owners asserting their patents need lawyers who know how to navigate these proceedings in addition to parallel district court proceedings. Now, more than ever before, patent disputes require a coordinated strategy focused on both Patent Office and district court proceedings. We routinely handle inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) proceedings, leveraging our deep experience litigating patent disputes. We provide our clients the right combination of experience with the intricate rules and guidelines that govern Patent Office proceedings with years of experience litigating patent disputes in federal courts across the United States.

We engage with decision-makers at companies to provide advice regarding the timing of a Patent Office filing, which arguments to raise with the PTAB or reserve for trial, and how to anticipate and handle potential estoppel implications that might flow from filing a PTAB petition. We strategize for the win and create the path to get there. And we do it based on reasonable budget estimates provided up-front.

Patent & Trial Appeal Board Process and Timeframes

Clients

Our clients include Fortune 100 corporations, small-to-mid cap companies, emerging and privately held companies, and entrepreneurs, many from highly-competitive industries including technology, telecommunications, electronics, and manufacturing. We are equally adept working with substantial in-house legal teams at larger corporations or smaller companies with limited or no in-house resources.

Scope and Depth

Farella’s PTAB team includes lawyers with engineering and other technical degrees, with membership to the patent bar, and with work experience in a variety of high-tech industries. Each of our PTAB attorneys is also a patent litigator with years of experience in district court lawsuits. We combine our litigation skills with a deep understanding of the strict statutory guidelines and procedures that drive Patent Office proceedings to help our clients leverage the rules to their advantage.

Our expertise enables us to effectively and persuasively convey complex technical concepts both in writing and in oral presentation to PTAB judges. We maintain smartly-staffed and nimble client teams led by one or more Farella partners who will be actively engaged in every facet of the case.

Professional Involvement

The Farella PTAB team is committed to our clients’ success. We extend that commitment through our participation and contributions to thought leadership in top industry groups, including the PTAB Bar Association, the American Bar Association’s Intellectual Property and Litigation sections, the American Intellectual Property Law Association (AIPLA), Federal Circuit Bar Association, the San Francisco Intellectual Property Law Association (SFIPLA), and the Institute of Electrical and Electronics Engineers (IEEE).

Firm Highlights

Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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Publication

Election Year Issues for Private Foundations and Public Charities (Webinar)

Cynthia Rowland discusses Nonprofit Education Series on "Election Year Issues for Private Foundations and Public Charities." Public and private foundations may support nonpartisan election-related activities, but only in limited ways and amounts. Join our interactive live...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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