Texas is one of the most active patent jurisdictions in the country, making it a key location for protecting intellectual property. Patent litigation takes place in Federal Court. Texas has four Districts (Eastern, Western, Northern, and Southern), and each District is well versed in patent litigation, with the Eastern District of Texas and Western District of Texas well known for their high volume of patent lawsuits.
The Polasek Law Firm (TPLF) is an experienced intellectual property litigation firm with over 30 years of dedicated practice in patent litigation, as well as trademark, copyright, trade secret, and commercial litigation. Although based in Texas, TPLF represents companies and individuals nationwide in the enforcement of patents and in defending companies accused of infringement. The firm combines legal knowledge with experience to effectively handle disputes across many technology fields. Initial consultations are free of charge.
What Is Patent Litigation?
Patent litigation is the process of raising and determining disputes concerning infringement and validity in federal court. A patent owner has the right to exclude others from making, using, selling, offering for sale, and importing a patented invention for a specific time period. When someone infringes on the patent owner’s rights, the owner may file a lawsuit to enforce the patent.
Patent litigation typically involves two parties: the patent owner, who owns the patent and claims infringement, and the company accused of using the patented invention without permission. The accused infringer will challenge infringement and a patent’s validity in patent litigation.
Patent Rights
Owning a patent gives its owner the right to:
- Exclude others. The patent owner may stop others from making, using, selling, or importing the invention for the term of the patent.
- Enforce rights in court. If someone infringes a patent, the patent owner may file a lawsuit to protect its patent and recover damages. An accused infringer may seek a declaratory judgment of non-infringement and/or invalidity.
Patent Infringement
Patent infringement occurs when a person or company uses a patented invention owned by another without permission. Infringement can take several forms, including:
- Direct infringement—making, using, selling, offering to sell, or importing the patented invention without permission;
- Indirect inducing infringement—encouraging others to infringe a patent; and
- Contributory infringement—supplying a material component that enables infringement and that does not have a substantial non-infringement use.
To prove patent infringement in court, the patent owner is required to show that the allegedly infringing product, system, or method falls within the scope of one of the patent claims.
A party accused of infringement is required to prove invalidity.
If infringement is found by a court, a court will then decide what money damages are appropriate and whether an injunction preventing further infringement is appropriate.
How Does the Patent Litigation Process Work?
Patent litigation in Texas and nationwide involves much more than filing a lawsuit. It also involves:
- Prefiling investigation. All cases filed in Federal Court require the parties and counsel to undertake a reasonable prefiling investigation.
- Pleadings. The patent owner files a complaint setting forth the infringement claim, and the accused infringer files an answer that raises defenses, counterclaims, or a motion to dismiss.
- Fact Discovery. Both sides undertake discovery designed to obtain evidence, including documents related to the accused products, prior art, emails, and financial records. Witnesses may give sworn testimony in depositions.
- Expert Discovery. Both sides will likely have experts to provide analysis and opinions related to infringement, validity and damages.
- Claim construction (Markman hearing). The judge decides how to interpret the patent claims, defining what the patent legally covers.
- Motions. Either party can ask the judge to decide legal issues before trial. For example, a motion for summary judgment may assert that the case should be resolved without a trial.
- Negotiations and settlement. Throughout the case, parties may attempt to reach a resolution. A settlement could involve a licensing agreement or payment for past infringement.
- Pretrial conferences. The judge may hold conferences to simplify issues, set deadlines, or encourage settlement before trial.
- Alternative Dispute Resolution (ADR). Courts may encourage mediation as an alternative to trial, which can help parties resolve disputes faster and with less cost.
The patent litigation process is rarely quick. In Texas federal courts, cases can take 18 months to three years to reach trial, depending on complexity and the court’s docket. Many cases settle before trial, but patent cases often involve highly technical issues that take time to work through.
How Much Does a Patent Lawsuit Cost?
One of the most common concerns business owners have is, how much does a patent lawsuit cost? Patent litigation can be expensive due to its complexity and the need for expert witnesses, technical evidence, and extensive preparation.
Several factors drive cost, such as:
- The complexity of the technology involved in the patented inventions;
- The number of patents and claims being asserted;
- Whether the case goes to trial or settles early; and
- The need for technical experts and evidence management.
At TPLF, we provide practical legal counsel that balances aggressive representation with cost-effective solutions.
Working with a Houston Patent Litigation Attorney from The Polasek Law Firm
The Polasek Law Firm has decades of experience in patent litigation and trademark litigation and the engineering background needed to understand complex technologies. The firm provides exceptional legal services to companies and individuals across the nation.
Ted Polasek
Ted was a founding partner of Polasek, Quisenberry & Errington, L.L.P. (PQE), a firm that represented patent owners and companies accused of patent infringement. For nearly 25 years, Ted’s core practice has been litigating patent infringement cases, for hourly and clients on a contingent fee or other result-oriented basis. Ted attended the South Texas College of Law and graduated cum laude with his Juris Doctorate in 1990 and received a B.S. in Chemical Engineering from the University of Texas.
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