Patent Litigation

  • Holland & Knight's Patent Litigation Team offers clients a comprehensive array of technical know-how combined with extensive courtroom experience. We have won critical victories on behalf of our clients in patent cases.
  • We excel in presenting complex technical matters to judges and juries, using the latest persuasion techniques and state-of-the-art technology.
  • Our knowledge of the science and technology underlying our clients' intellectual property enables us to translate complex subject matter into understandable concepts for judges or juries.
Black Steps

Overview

While we strive to help our clients avoid litigation, we are always poised and prepared to litigate when necessary. Holland & Knight offers clients deep bench strength of experience in all phases of patent litigation, including developing overall strategy for both patent holders and accused infringers. Our services include pursuing and defending preliminary injunctions, conducting discovery around the world, coordinating multi-country judicial and administrative proceedings, and arguing before the Federal Circuit, as well as the United States Patent and Trademark Office (USPTO) and the United States International Trade Commission. We handle complex patent litigations and are prepared to defend our clients against every variety of non-practicing entity. In addition, we work with our clients to protect their interests in international jurisdictions through our offices located in major business centers around the world and a network of esteemed overseas attorneys.

Courtroom Prowess Combined with Technical Know-How

Successful trial lawyers understand your innovations and your business goals — and how the two components work together. Our team will always consider your business goals when working with you to devise a strategy to protect your intellectual property.

Our knowledge of the science and technology underlying our clients' intellectual property enables us to translate complex subject matter into understandable concepts for judges or juries who at times have no context with which to evaluate the facts. The majority of our patent litigators hold undergraduate and advanced degrees in a variety of technical and scientific areas, including biomedical engineering, chemistry, computer and software engineering, electrical engineering, mechanical engineering, computer science, mathematics, plastics engineering, aerospace engineering, industrial engineering, ceramic engineering, information science, and physics. More than one-half of the attorneys on the team are registered to practice before the United States Patent and Trademark Office. The team also includes former judicial clerks and externs and a former examiner of the USPTO. Holland & Knight's patent litigators are adept in the art and science of explaining complex evidence, using cutting-edge technology to help make the evidence both clear and comprehensible to juries and courts.

When litigation is required, we skillfully assert your interests in court. Our team understands the importance of being proficient at explaining the complexities of client innovations to judges and juries. We are highly skilled in the nuances of trial strategy and courtroom dynamics and stay abreast of the latest legal issues and trends in the rapidly changing IP landscape. When settlement is our client's strategic preference, we devise creative solutions to settle the case quickly, cost-effectively and on favorable terms.

We represent clients in federal and state trial courts throughout the United States, the Supreme Court of the United States, the Court of Appeals for the Federal Circuit, the United States Patent and Trademark Office, the United States International Trade Commission, the Board of Patent Appeals and Interferences, and numerous arbitration and mediation boards and panels. Our United States experience includes venues known for patent litigation, such as the Eastern District of Texas, the Eastern District of Virginia, the District of Delaware, the Northern and Central Districts of Illinois, the Southern District of New York, the Southern District of Florida, the Northern and Central Districts of California, and the District of New Jersey. In addition, our patent litigation team has led a successful inter partes and ex partes practice in the United States Patent and Trademark Office.

Representing Clients Across a Range of Industries

Our patent litigation attorneys understand not only patent law, but the science and technology behind the facts. We have litigated patents owned by large and small companies spanning virtually every technology and industry including computer and software, retail, pharmaceuticals, telecommunications, medical devices, biotechnology, chemistry-related innovations, electronics and electrical devices, mechanical devices, food and flavors, and electromechanical devices.

Assembling lean, focused litigation teams that include attorneys with the specific knowledge, technical skill and litigation savvy to handle each case is a priority. We pride ourselves on our ability to develop a strategy that is tailored to each case, meets the client's business goals and achieves the kind of results that bring our clients back to us for their next intellectual property matter.

Our extensive experience includes trying a wide variety of matters, from complex "bet the company" patent litigation to small enforcement cases. Regardless of the size of the matter or the organization, we have the technical and courtroom capabilities and the commitment necessary to provide our clients with the highest possible quality representation.

Case Studies

Insights