LITIGATION

The firm’s attorneys have years of experience in enforcing patents through patent litigation and licensing for clients seeking hourly or contingent fee representation, and defending companies accused of patent infringement.

Ted has represented clients from across the United States and the world in patent litigation, trademark litigation, copyright litigation and trade secret litigation (on an hourly and contingent fee basis).  Elliott & Polasek strives to provide high quality and efficient representation.

Whether we are looking at the merits of a potential litigation on behalf of a patent owner or on behalf of an accused infringer we carefully scrutinize the matter to give our clients the best advice possible. For example, we carefully review and analyze the patent, its file history, relevant prior art, the systems, products or methods potentially implicated, relevant license agreements and other additional documentation as may be necessary. We meet with our clients to discuss these issues and develop a strategy. For potential contingency lawsuits, these legal services are performed at no charge to the client.

In patent litigation, one of the most important aspects of the case is claim construction. In a claim construction hearing, also known as a Markman hearing, the scope of the claims of the patent are argued by the attorneys for each side and the claim language is construed by the court. Whether you are a patent owner or an accused infringer, you want attorneys that understand the importance of this aspect of the case and that can advance your positions to the court. We are also well versed in many cutting-edge issues in patent litigation, such as Alice and venue challenges.