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.
Nov 15, 2025 | By Ted Polasek | Read Time: 4minutes
Having a patent gives you the right to prevent others from making, using, or selling your patented invention. If a company or individual does one of these things, the patent owner may have a cause of action for a patent infringement case. If you believe someone has infringed on your patent or if you have been accused of patent infringement, reach out to an experienced patent litigation lawyer as soon as possible. Your lawyer can evaluate the claim and provide you with legal advice. The Polasek Law Firm can assist you. Polasek Law Firm has been advising clients on patent infringement issues for more than 25 years. Please give the firm a call at (832) 485-3580 or send an online message. The initial consultation is at no charge. We’ll review the different types of patent infringement with examples. What Is a Patent in the United States? The United States Patent and Trademark Office (USPTO) grants patents to inventions that are new, useful, non-obvious, and not excluded from patent eligibility under federal law. A utility patent typically lasts for 20 years from the filing of the application. What Are the Different Types of Patent Infringement? There are several types of patent infringement. Infringement can be direct or indirect, and it can be literal or under the doctrine of equivalents. Direct Infringement Direct infringement occurs when someone directly violates your patent rights. That is, they make, use, sell, offer to sell, or import your patented invention. Indirect Infringement Indirect infringement occurs when someone provides support for directly infringing activity. Indirect infringement can be through inducement or contributory infringement. Induced Infringement Induced infringement occurs when a party with knowledge of the patent encourages or influences someone else to commit acts of infringement. For example, the person might provide someone with instructions for creating the patented invention. Contributory Infringement A person commits contributory infringement when they supply components of a patented invention knowing that the components will be used to infringe a patent. For contributory infringement to exist, the component must have no substantial non-infringing uses. For example, if someone sold a product that would be useful only if combined into a patented product, that might be considered contributory infringement. Literal Infringement Literal infringement occurs when a device or process literally meets every limitation in a patent claim. If even one component is different, it cannot be considered literal infringement. Infringement Under the Doctrine of Equivalents If someone has not literally infringed a patent, there still may be infringement under the doctrine of equivalents. Equivalent infringement may occur when the corresponding pieces of the accused product or process are not substantially different from the corresponding limitation in the claim of the patent. You May Have a Case If: If any of these sound familiar, it’s time to speak with a patent attorney. What Is The Effect Of Willful Patent Infringement? In the case of willful infringement, a court can triple the amount of damages that it would normally award to a patent holder. Infringement is not literally willful if an infringer had a good faith belief that it was not violating the patent or that the patent was invalid. In that case, they may still be liable for infringement. What Types of Remedies Are Available for Patent Infringement? Remedies for patent infringement may include injunctive relief and damages. An injunction orders someone to stop their infringing actions. Money damages are typically awarded for these types of patent infringement under the patent laws, a patent owner is entitled to at least a reasonable royalty. Additionally, in certain instances, a patent owner may be able to recover lost profits from an infringer. About Your Patent Litigation Attorney For more than 25 years, founding attorney Ted Polasek has litigated complex intellectual property disputes across the United States — including patent infringement, trademark infringement, copyright infringement, trade secret misappropriation, and other commercial matters. He has negotiated patent licenses covering portfolios of 100+ patents, litigated cases in major patent venues nationwide, and understands the business pressures companies face when IP disputes arise. Our Proven Results in Complex Patent Litigation Whether enforcing a patent or defending against an accusation, The Polasek Law Firm brings decades of proven results across diverse technologies. Call us at today or send us an online message. The initial consultation is at no charge. How Can The Polasek Law Firm Help You? John (Ted) Polasek has spent the past 25 years working on all types of patent infringement cases. He has experience with both enforcing patents and defending accused infringers. Ted also handles related intellectual property matters, including copyright litigation and trademark matters. Ted believes in providing one-on-one personalized service for each client. Contact a skilled patent litigation lawyer at The Polasek Law Firm today through the online form, or give the firm a call at (832) 485-3580 to schedule a free consultation. Polasek Law Firm is ready to help with your patent litigation case. What Our Clients Say About Us Our Houston Office Location
Nov 4, 2025 | By Ted Polasek | Read Time: 6minutes
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: 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. Examples of Our Patent Litigation Success Read more in our Case Results page. 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: There are five criteria to meet to qualify for a patent. These include the following: 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. As one of the top Texas lawyers in contingency-fee patent litigation, Polasek Law Firm can send us a message or call (832) 485-3580 today. 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: Copyright protections extend only to expressions, not to ideas, methods of operations, or concepts. Copyrights generally last for the life of the author plus 70 years. Trademarks Trademarks serve to identify and distinguish the goods or services of an individual or business. Trademarks apply to the following: Protection for trademarks exists under both federal and state laws. Additionally, common law protections apply for trademark use. While competing trademarks may be similar, courts conduct multiple tests to determine whether infringement has occurred. Damages for trademark infringement include profits made by infringement of the trademark, damages for past infringement, […]
Oct 6, 2025 | By Ted Polasek | Read Time: 5minutes
If someone uses your original work without permission, you may be able to enforce your rights against the infringer through copyright litigation. To begin the copyright lawsuit process, explained in detail in this article, you file a copyright infringement lawsuit in federal court. Copyright law allows courts to award damages and issue orders requiring the infringer to stop using your work. At The Polasek Law Firm, PLLC (TPLF), we focus on protecting intellectual property through litigation. With over 30 years of litigation experience, including over 25 years handling patent, trade secret, trademark, copyright, and other commercial disputes, our firm represents individuals and companies nationwide. We understand the technical, creative, and business challenges that arise in intellectual property cases and offer effective strategies to safeguard your rights. What Copyrights Do Copyright protects original works of authorship that you record in physical or digital form. Protection begins automatically as soon as you create and fix a work in a tangible form. As the copyright holder, you gain the exclusive right to: These rights allow you to decide who can use your work and under what conditions. Protected Works A wide range of creative works qualify for copyright protection, covering artistic and practical expressions of creativity, including: Because copyright applies to such a range of creative expressions, nearly any original work fixed in a tangible form—artistic, literary, musical, or digital—may qualify for protection. Copyright Registration You do not have to take extra steps to hold a copyright in your works. However, registering your work with the U.S. Copyright Office gives you additional rights that are essential to copyright litigation. Registration allows you to file a lawsuit in federal court and may entitle you to statutory damages and attorney’s fees, which are unavailable for unregistered works. Unlike trademarks, unregistered copyrights are not geographically limited to your area. Your work is protected nationwide from the moment you record it. However, you cannot bring an infringement lawsuit in federal court until you register the work with the U.S. Copyright Office. What Is Copyright Litigation? Copyright litigation is the process of resolving disputes related to the use of copyrighted works in court. It generally centers on copyright infringement, which involves someone exercising one or more of your exclusive rights to your work without your permission. Copyright holders often try to resolve disputes informally, before filing a lawsuit. They may start by sending a request to stop the use, issuing a cease-and-desist letter, or negotiating directly with the infringer. If the infringer continues to infringe, the next step to enforce copyrights is filing a lawsuit. Copyright Litigation in Texas Federal Courts Because copyright law is federal, lawsuits are filed in one of Texas’s four federal district courts, the Northern, Southern, Eastern, or Western District. The Southern District of Texas, which includes Houston, regularly hears copyright disputes. The Eastern District of Texas is also nationally known for handling complex intellectual property cases. For Texas business owners, this means your dispute will be heard locally but under federal law. In some cases, copyright claims may also be combined with related Texas state-law claims, such as unfair competition or breach of contract, depending on the facts. How Copyright Lawsuits Work The process of copyright lawsuits generally varies little. They usually begin with the copyright holder filing a document called a complaint in a federal court and end with a settlement or trial. Filing and Pleadings Copyright litigation begins when the copyright holder files a complaint. The complaint: The defendant then files a document called an answer, where they officially admit or deny what you claim occurred. Discovery During discovery, both sides exchange information and evidence. You may request physical or electronic evidence, send “interrogatories” to ask questions, or take “depositions,” where witnesses provide sworn testimony outside of court. Motions Before trial, either party may file motions, which are formal requests asking the judge to decide on specific issues. For example, a party may submit a motion arguing that the case’s proper outcome is obvious based on undisputed evidence and request that the court issue a ruling in their favor. Negotiations and Alternative Dispute Resolution Most lawsuits settle, including copyright suits. Copyright holders and alleged infringers may settle at any time during the copyright litigation process, from before they file to moments before a verdict. Parties may negotiate directly through their attorneys or use alternative dispute resolution methods. These methods typically involve mediation, where a neutral third party helps the parties reach an agreement, and arbitration, where a neutral decision-maker hears both sides and issues a binding ruling outside of court. Trial If the parties do not settle, the case proceeds to trial. Both sides present evidence by introducing documents and offering testimony. Once they conclude, a judge or jury decides whether the defendant infringed the copyright. If so, the decision maker determines how much compensation you should receive, orders the infringer to cease using the work, or both. Defenses in Copyright Litigation In a copyright lawsuit, the alleged infringer may defend against infringement allegations by claiming, for example: Defending against allegations of copyright infringement is just as much a part of the copyright litigation process as enforcing copyrights. How Much Is a Copyright Lawsuit Worth? Copyright lawsuits can be worth a few hundred dollars to hundreds of thousands, depending on what the copyright covers and how the infringer used it. Courts may award several types of damages: Courts may also order the losing party to pay attorney’s fees, which cover the cost of hiring a lawyer. Protecting Your Rights Through Copyright Litigation At TPLF, we dedicate our practice to intellectual property disputes, including copyright litigation. With over 25 years of focused experience and deep technical knowledge, we handle disputes across many industries. We offer free initial consultations and represent clients nationwide from our Texas office. If you believe someone has used your copyrighted work without permission, contact a Houston copyright litigation attorney at The Polasek Law Firm today to discuss your options.
