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Patent and trademark infringement litigation can be very expensive. If not handled properly, litigants to infringement cases may face judgments of tens of millions of dollars and permanent injunctions preventing them from manufacturing, importing, retailing and marketing all of their products or services. If you have been sued in the courts or tribunals of the U.S. Government for infringement, let our intellectual property attorneys help you. We provide expeditious, cost-effective representation to all of our clients, no matter where in the world you may be located.
Patent litigation frequently involves complex technical issues and legal procedural knowledge. If you have been accused of patent infringement or intend to make claims against another for it, even minor differences between your products or services and those of your opponent in the litigation may overcome infringement claims. We can search prior art in the U.S. and abroad, and seek to invalidate patents asserted against you or help you shore up an offense doing the same. We can serve as local counsel for out-of-state firms needs pro hac vice admission into the State of Utah, and employ a number of strategies to defend rights in patent infringement lawsuits, from reexamination proceedings to antitrust counterclaims. Patent infringement lawsuits filings are on the rise in recent years as shown in the graph below (courtesy of Lex Machina):
Your tradename may be protected by common law trademark rights, even if you have never registered it as a trademark or service mark before the U.S. Patent and Trademark Office (USPTO) or State authorities. Trademark infringement is increasingly common on the Internet, arising from online disputes between website owners. Even if your website or domain name incorporates the trademark of another, you may still have rights to use that website if the mark is descriptive, geographically-description, generic, or the domain name registration predates the accrual of trademark rights by another party. If you are being sued for trademark infringement in the State of Utah, please contact us for a free consultation. If you need to initiate a trademark infringement lawsuit, we may also be able to help you do U.S. District Court of the District of Utah or other jurisdictions. Trademark filings are also on the rise:
110 S. Regent Street, Suite 200
Salt Lake City, UT 84111
Office: (888) 941-9933
Direct: (801) 347-5173
Fax: (801) 665-1292
steve@uspatentlaw.us
Writing Samples
Emergency Motion to Stay Preliminary Injunction (2017) (Patent Infringement).
Memorandum in Opposition to Defendant’s Motion for Partial Summary Judgment (2015).
Oral Argument on Motion for Summary Judgment (2015) (Trademark Infringment).
The costs of litigating patent infringement cases can be enormous due to the complex technical and legal issues litigation presents. The below chart (courtesy of PTAB Blog) shows the average patent litigation costs in 2015 in the United States. Even the smallest cases, average costs exceed $600,000. We try to offer must more cost-effective representation in patent infringement matters in the State of Utah.
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We can serve as local counsel for out-of-state firms needs pro hac vice admission into the State of Utah, and employ a number of strategies to defend rights in infringment lawsuits, from reexamination proceedings to antitrust counterclaims.
Our typical hourly rates in patent infringement litigation is about $280/hour, but we often try and divide the litigation into phases for which we bill a predetermined flat rate for clients who are uncomfortable with the uncertainty inherent in hourly rates. Recent patent litigation matters we have handled include:
Trademark litigation has become increasingly important in recent years. Trademarks are increasingly used to seize domain names and kick competitors off Amazon and eBay. If you are dealing with trademark conflict online in Utah U.S. District Courts, we may be able to help you. Recent trademark litigation cases we have handled include:
The nature of copyright lawsuits in the U.S. is changing as the graph below shows. Copyright infringement cases increasingly stem from online use. Actions against users of BitTorrent are increasingly common. We contact us if you are the defendant to one of these actions or in need or pursuing one.
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Trade secret cases often arise from the movement of engineers within technology industry, but also employees, salesmen and independent contractors who move from one location to another. We provide representation to trade secret owners who need to protect their trade secrets from misappropriation by other parties using the judiciary.
For information on representation in domain name disputes or Internet litigation matters, visit our Domain Name Disputes page.
Litigation Rates:
Litigation can be very stressful and expensive. It is often difficult for non-specialist attorneys to determine whether or not an infringement has occurred. Microsoft, Apple Computer, Sun Microsystems, Medtronic, Research in Motion, and Nintendo are just a few of the companies that have settled infringement disputes for hundreds of millions of dollars. Toshiba paid a $425 million judgment to Lexar for violating trade secrets. Pfizer’s rights for Viagra were ruled invalid in China and Microsoft faces similar concerns over its Office product in South Korea. We can help you determine whether or not a competitor, importer, or manufacturer is infringing your rights. As a holder, you have the right to exclude others from utilizing your ideas, and may have rights against those who have encouraged or induced others to infringe those rights.
Certain types of trademark disputes may be best litigated in Utah, even if you are a corporation organized elsewhere. Utah sits in the Tenth Federal Circuit, one of the only circuits to recognize a trademark holders’ right to stop other organizations or individuals from misappropriating trademarks in cost-per-click (CPC) advertising on the Internet. If one or more of your competitors are bidding in Overture or Google Adwords on keywords in which you have rights, such as your corporate name or wordmarks, please contact us. We may be able to help you put a stop to this behavior and to recover damages you have suffered as a result of it. USPatentLaw may also be able to help you enforce rights you have in trademarks, trade secrets, patents, and other intellectual properties.
Certain types of trademark disputes may be best litigated in Utah, even if you are corporation organized elsewhere. Utah sits in the Tenth Federal Circuit, one of the only circuits to recognize a trademark holders’ right to stop other organizations or individuals from misappropriating trademarks in cost-per-click (CPC) advertising on the Internet. If one or more of your competitors are bidding in Overture or Google Adwords on keywords in which you have rights, such as your corporate name or wordmarks, please contact us. We may be able to help you put a stop to this behavior and to recover damages you have suffered as a result of it. We may also be able to help you enforce rights you have in trademarks, trade secrets, patents, and other intellectual properties.
No matter where in the world you reside, if someone has registered, or is using, a domain name that is confusingly similar to your own, or is using any domain in an abusive manner, we may be able to help you seize ownership of that domain though a quick and simple arbitration process. Please contact us if you are, or have been, a victim of cyberpiracy or cybersquatting.
If you have been accused of patent or trademark infringement, we can help you explore your options and determine whether or not a federal district court is likely to rule that infringement is taking place. We will help you for an affordable amount, and consult with you initially free of charge. If you decide to retain us, the rates are here. If you have been accused of infringement, we can help you explore your options and determine whether or not a federal district court is likely to rule that infringement is taking place. We will help you for an affordable amount, and consult with you initially free of charge. If you decide to retain us, the rates are here.
Click here for information on domain name disputes.
Fees shown herein are subject to change at any time. Additionally, fees may apply for rush services.
110 Regent St., Suite 200
Salt Lake City, UT 84111
801.347.5173 / 888.941.9933
FAX: 801.665.1292
DISCLAIMER
Nothing on this website is legal advice and nothing creates an attorney-client relationship. This website is no substitute for the legal counsel of a lawyer or registered patent attorney. Links to other websites are provided for your convenience and educational purposes. Material presented on this website is presented on an “as is” basis and may not be accurate. Any representation to the contrary is expressly disclaimed. Use this website at your own risk. We are not liable for any damages caused by the use of USPatentLaw.us. Any fees shown on this website are subject to change at any time without notice, and do not include filing fees, issue fees, or maintenance fees with the U.S. Patent & Trademark Office, federal courts, PTAB, the National Arbitration Forum, World Intellectual Property Organization, or any other tribunal or authority. The legal fees shown do not include subsequent prosecution fees. Many trademark applications require that one or more office action responses be filed within a few months of filing the application, for which practitioners charge extra as/if the responses become necessary.