The Polasek Law Firm (TPLF) is an intellectual property litigation law firm dedicated to providing exceptional legal service to companies and individuals. Its attorneys have 30 years of litigation experience, with over 25 years of experience in patent, trade secret, trademark, copyright, and other commercial litigation. The focus of the firm’s practice is on patent and trademark litigation. The firm is also experienced in trademark applications, technology licensing, providing opinions, and general IP counsel.
When you find yourself embroiled in a dispute involving Intellectual Property, you need patent lawyers and trademark lawyers that have experience in handling those types of disputes. Please contact TPLF. The initial consultation is at no charge.
TPLF strives to provide exceptional service to every client, on every matter. TPLF is experienced in engineering that allows the firm to effectively represent clients in numerous technology areas. TPLF has extensive experience in litigating cases in courts all over the United States for clients from all over the world. At TPLF, clients receive one-on-one attention from the firm.
The Polasek Law Firm recognizes that clients expect quality legal representation at a reasonable price. The firm provides its clients with affordable representation at hourly rates significantly lower than those charged by big firms, and for certain matters provides result-oriented fee arrangements, such as a contingent fee option.
TPLF has years of experience in enforcing patents through patent litigation and licensing for clients seeking hourly or contingent fee representation and defending companies accused of violating the intellectual property rights of others.
Ted has litigated patent infringement, trademark infringement, trade secret, copyright infringement, and other commercial disputes over the past 30 years. Ted has litigated many patent infringement cases on behalf of patent owners and companies accused of infringement. He has also successfully negotiated patent licenses covering patent portfolios of more than 100 patents.
Ted understands that clients seek counsel that works efficiently and provide high-quality representation.
Polasek Law Firm has decades of experience handling cases in intellectual property and patent litigation.
Polasek Law Firm is located in Bellaire, Texas which is part of the Houston metroplex area, and concentrate in the area of intellectual property law, with an emphasis on litigation and licensing, specifically dealing with patent infringement, trademark infringement, copyright infringement, and trade secret lawsuits on a reasonable hourly basis, contingency fee or result based fee.
TPLF is experienced in mediation, rendering infringement and validity opinions, licensing and technology transfer, and client counseling.
Damages for Patent Infringement If you have a patent that you believe is being infringed, you may have questions about recoverable damages. You may be asking what are the damages for patent infringement, and how to prove damages. Or if you are being accused of infringement, you may be asking what is the value of this patent. Our experienced patent litigation attorneys will explain. For assistance, please don’t hesitate to send us a message or call (832) 485-3580 today. The Federal Circuits opinion in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., decided July 3, 2018, provides a good analysis of damages for patent infringement. The Statute 35 U.S.C. Section 284 provides that the court shall award the claimant damages adequate to compensate for the patent infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer. Appointment Power Integrations is another case that considers apportionment between the infringing and non-infringing features of the accused product, and application of the entire market value rule. The Federal Circuit stated As a substantive matter, it is the value of what was taken that measures a reasonable royalty and it is only the patented technology that is taken from the owner, so the value to be determined is only the value that the infringing features contribute to the value of an accused product. When the infringing device has multiple components, the Court stated: [w]e have articulated that, where multi-component products are accused of infringement, the royalty base should not be larger than the smallest salable unit embodying the patented invention. Yet, this may not end the inquiry in deciding the appropriate royalty base. In Power Integrations, the Court stated that even if the smallest salable unit is used, the patent owner must still establish what portion is attributable to the patented technology when the smallest salable unit itself contains several non-infringing features. Entire Market Value Rule In Power Integrations, the Court described the entire market value rule (EMVR) as a demanding alternative to our general rule of apportionment. The EMVR allows patent owners to recover damages based on the value of the entire apparatus containing multiple features when the patented feature constitutes the basis for the consumer demand. However, there are strict requirements that limit the EMVR: If the product has other valuable features that also contribute to driving consumer demand patented or unpatented- then the damages for the patent infringement must be apportioned to reflect only the value of the patented feature. This is so whenever the claimed feature does not define the entirety of the commercial product. In some circumstances, for example, where the other features are simply generic and/or conventional and hence of little distinguishing character, it may be appropriate to use the entire value of the product because the patented feature accounts for almost all of the value of the product as a whole. Although this sounds helpful to patent owners, the Federal Circuit cautioned that the EMVR is appropriate only when the patented feature is the sole driver of customer demand or substantially creates the value of the component parts. If the accused infringer provides evidence that its product has other valuable features, the patent owner has the burden to establish those features are not relevant to consumer choice those other features did not influence purchasing decisions. The Court’s opinion provides a good summary of the evidence (and argument) on these issues and is certainly worth reading to consider how a potential case will measure up. Contact a Patent Litigation Attorney If you have a patent that you believe is being infringed or if someone is alleging that you owe damages for patent infringement, please contact our patent litigation lawyers by filling out our short form or calling (832) 485-3580 today.
Aug 21, 2021 | By Ted Polasek | Read Time: 5minutes
Contingency-fee litigation at Polasek Law Firm serves to aid clients in pursuing patent litigation that they might otherwise not be able to afford. For many small businesses and companies, patent litigation is too expensive to pursue. Contingency-fee litigation is a cost-effective means for small businesses and companies to receive skilled counsel and defend their rights in intellectual property lawsuits. A contingency fee agreement for patent litigation means you do not have to pay your lawyer for his time unless your case settles, or you prevail in court. For corporate clients, this provides a company with the opportunity to use its money to grow its business and still have the ability to enforce its intellectual property. For individuals with a claim that has strong merit but who lack the resources to litigate a patent infringement case, it provides an avenue for representation that may otherwise not be available. This type of representation does not charge an hourly rate to clients. Instead, contingency-fee patent litigation attorneys receive a percentage of the final judgment awarded to their clients. The attorney-client agreement specifies what percentage of the final judgment the attorney receives as payment. Contingency-fee patent litigation attorneys receive payment only if they win the case for their client. Therefore, like the client, your contingency-fee patent litigation attorney has an incentive to win the case. This type of representation showcases an attorney’s ability to provide effective and efficient representation. A contingency-fee patent litigation attorney assesses the merits of your case by reviewing the following questions: Is there a valid cause of action? Are there sufficient damages? Are the damages collectible from the defendant? How much attorney time and costs will it require to complete the lawsuit? After considering these factors, an attorney may take your case on a contingency-fee-basis only if the attorney believes in the likely success of the case. For assistance, please send us a message or call (832) 485-3580 today. Benefits of a Contingency-Fee Patent Litigation Attorney Contingency-fee patent litigation offers many benefits to clients. For example, a qualified contingency-fee patent litigation attorney evaluates your case’s goals and how best to achieve those results. Lower Out-of-Pocket Costs Patent litigation lawsuits are costly and time-consuming. Most individuals and small businesses don’t have the cash flow to continue paying a firm the high costs associated with an intellectual property lawsuit. A contingency-fee patent litigation agreement does away with the worry of how to pay attorney fees upfront. However, the client generally must pay for expenses related to litigation costs, such as filing fees and travel. If your contingency-fee patent litigation attorney fails to obtain a judgment or settlement, you pay nothing as a fee to the attorney. An Incentive to Settle When Proper The nature of contingency-fee patent litigation representation incentivizes both client and attorney to act with joint interests. This incentive pushes both client and attorney to conclude the lawsuit in the most favorable manner possible. Therefore, when it makes sense to settle a case, both parties will be incentivized. Additionally, when it makes sense to pursue litigation through trial, both parties have the same goal. A contingency-fee patent litigation agreement spreads the risk of litigation to both client and attorney. Contingency-fee patent litigation pays an attorney only if their client wins their case. By contrast, the typical hourly agreement between client and attorney requires the client to assume all risks, regardless of the outcome. A contingency-fee patent litigation attorney takes these types of cases based on the probability of success. An attorney should always diligently defend their client. However, in traditional hourly agreements, an attorney may not always believe in a case’s merits. If an attorney takes your case on contingency, they are staking their own time and resources on the case. Therefore, you can trust that your case has merit and that your attorney isn’t simply racking up fees on a lost cause. Time and Cost Control Some law firms behave in a manner to maximize billable hours in a lawsuit. In contingency-fee patent litigation lawsuits, a firm has no incentive to bill unnecessary hours or costs to a client. This drives the firm to work more efficiently toward the resolution of your case. Your attorney will be incentivized to avoid expensive delays through excessive pleadings, depositions, or conferences. Areas of Intellectual Property Handled on a Contingency-Fee Basis Contingency-fee arrangements are possible in all intellectual property litigation. Consult with a contingency-fee patent litigation attorney to review the elements of your case and determine the suitability of a contingency fee agreement. Patents A patent affords the patent holder the right to exclude others from making, using, or selling an invention. Patent protection lasts twenty years. There are three different types of patents: Design patents, which protect the ornamental design of an invention; Utility patents, which protect the use or operation of a new machine, process or system; and Plant patents, which protect new types of engineered plants. There are five criteria to meet to qualify for a patent. These include the following: The invention must cover patentable subject matter; The invention must have utility; The invention must be novel; The invention must be non-obvious; and There must be no disclosure of the invention before the patent application. Anyone who unlawfully makes, sells, or uses a product covered by a claim of an existing patent may be liable for infringement. If you believe someone has infringed your patent, a contingency-fee patent litigation attorney will review the validity of your patent and its existing claims to determine its merits. Copyrights Copyright owners have the exclusive right to reproduce, distribute, and license their copyright. If anyone infringes on this right, the author has a claim for copyright infringement. Damages for copyright infringement lawsuits include profits made by infringing the copyright and damages for past infringement. Copyright protections extend to the following: Music, literary, and artistic works; Pictures, graphics, and sculptural works; Movies; Sound recordings; Computer software; and Architectural works. Copyright protections extend only to expressions, not to ideas, methods of operations, or concepts. Copyrights […]
Aug 5, 2021 | By Ted Polasek | Read Time: 3minutes
If you have recently filed an “intent to use” application for a mark or logo in connection with your business, it may be time to file a Statement of Use. But what exactly is a statement of use? Do I need one for my business? And will I have to pay a statement of use fee? These are questions that many people have, but fortunately, you don’t have to navigate this process on your own. The Polasek Law Firm (TPLF) is dedicated to the practice of intellectual property law, and can help you answer these questions and many more. Contact or call our trademark application attorneys today at (832) 485-3580 to see how TPLF can help you protect your business and brand. What Is a Statement of Use (SOU)? A Statement of Use for trademark purposes is a form you must file with the United States Patent and Trademark Office (USPTO) as part of the Intent to Use (ITU) trademark application process. Specifically, an SOU verifies to the USPTO that the applicant is actually using the applied-for trademark in commerce. Importantly, your SOU must include a specimen, or real-world evidence, of your trademark being used in connection with your goods or services in the marketplace. A proper specimen will depend on your mark, how you are using it and the classes that you designate in your trademark application. A few examples of proper specimens might include: Website printouts or other advertising materials showing the trademark being used in connection with your business’s services; A product container or packaging with the applied-for trademark affixed as a label; or Photos of your trademark being used on the products you sell. Being able to show that your business is actually using the applied-for mark in commerce is imperative to a successful SOU. Thus, make sure that your specimen, and the rest of your SOU form, meets all the requirements. Statement of Use Filing Fee Before submitting your form, don’t forget that there are some Statement of Use fee requirements to be aware of. The Statement of Use filing fee is $200 per class if filing by paper. However, the Statement of Use filing fee is only $100 if filing electronically through the Trademark Electronic Application System (TEAS). Thus, while you can file by paper, electronic filing through TEAS is generally the preferred method. Do I Need a Statement of Use for Trademark Filings? If you file an ITU application, you will have to file a SOU at some point to obtain your trademark registration. A Statement of Use must be filed within six months of the date of issuance of the Notice of Allowance (NOA) from the USPTO. If you are not yet using your mark in commerce and are not ready to file your SOU, you may file a request for an extension. However, make sure to keep careful records of these important dates and deadlines. Failure to file either your extension request or SOU on time can result in an abandoned application. Assuming all other requirements have been met, once your SOU form is filed and approved, you will receive your registration. Need Help with Your Statement of Use? TPLF can help you with your Statement of Use and all other steps in the trademark registration process. Of course, you can register a trademark on your own—there is no requirement that you must have an attorney. Nevertheless, hiring an experienced trademark attorney who is familiar with the requirements and nuances of the process can be a fantastic benefit and can avoid costly mistakes. If you have questions about how to validly register your trademark, TPLF is ready to help. With decades of experience handling intellectual property cases of all kinds, TPLF has the knowledge and resources necessary to provide excellent representation to its clients. Contact or call (832) 485-3580 to reach our team today to schedule a free consultation and see what TPLF can do for you.