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.

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

Event

Women in Cleantech & Sustainability

Lysondra Ludwig will speak at the WCS Talks - a full day TED-Style event and startup pitch competition hosted by Google.

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Publication

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

In  Pitzer College v. Indian Harbor Insurance Company , the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule [1]  is a fundamental public policy...

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News

A Major Victory for hiQ Labs, Ninth Circuit Upholds Its Right to Access Publicly Available LinkedIn Data

In a blockbuster ruling, the Ninth Circuit Court of Appeals affirmed startup hiQ Labs, Inc.’s preliminary injunction (PI) against LinkedIn granted by Judge Edward Chen of the United States District Court for the Northern...

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News

Farella Braun + Martel Advises on Sale of 2,300-Acre Foote Ranch

Farella Braun + Martel represented a trust that owned 50% of the iconic 2,300-acre Foote Ranch in Sonoma, California in disputes with the ranch’s co-owners and in the subsequent $23.7 million sale of the...

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Publication

Changing Climate, Changing Laws: Addressing CEQA’s New Wildfire Risk Requirements in Project Development

Wildfires pose an increasingly serious threat to the public and environment in California. So it should be no surprise that the Governor’s Office of Planning and Research (OPR) amended Appendix G of California Environmental...

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News

Ninth Circuit Upholds Data Miner's Injunction Against LinkedIn

The U.S. Court of Appeals for the Ninth Circuit sided with data analytics company hiQ Labs, Inc. and upheld an injunction barring LinkedIn from blocking it from accessing information made publicly available by the professional networking site’s users...

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Publication

San Francisco COPA Program Rules Released

The Mayor’s Office of Housing and Community Development (MOHCD) released program rules for the Community to Purchase Act (COPA) on September 3, 2019. The recently enacted COPA program (codified in Chapter 41B of the...

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Event

CalCPA: Wine Industry Conference

Lauren Gilbreth will present the session "Succession Planning" at the CalCPA - Wine Industry Conference. The ever dynamic wine industry is fraught with complicated tax, labor and accounting issues. Please join us as we...

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Event

Complex Civil Litigation Symposium

Doug Dexter is a member of the planning committee for the 2019 Complex Civil Litigation Symposium.

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Publication

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company,[1] the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule[2] is a fundamental public policy of California...

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