Mandour & Associates, APC is a patent litigation law firm. We handle patent litigation and patent infringement matters for clients in southern California including Los Angeles, Orange County and San Diego. If you are located outside southern California, we offer local counsel and pro hac vice services.
Patent LitigationAlthough it is typical to deal with a patent infringement issue by first sending a cease and desist letter, at times a plaintiff will chose to file a lawsuit instead. In these instances, we are aggressive litigation attorneys and trial lawyers.
In patent litigation, the patent owner’s rights are defined in the claims of the granted patent. Generally, to be an infringement, the defendant’s product, service or business method must fall within one or more of the claims of a registered patent. As with all intellectual property litigation, patent litigation begins with the filing of a Complaint. Upon service of the Complaint, in federal court the defendant has 21 days to file a responsive pleading such as an Answer or a Motion to Dismiss. The plaintiff in a patent infringement case must prove that every element of at least one claim of the patent at issue was infringed and that the infringement caused damages. When the meaning of a claim is contested, courts will hold a Markman hearing to resolve the issue as a matter of law. The Markman hearing can be held before or after the discovery phase. In the discovery phase, the parties conduct depositions and issue and respond to document requests, requests for admission, and interrogatories. After the discovery phase, the case then proceeds into dispositive motions such as motions for summary judgment and finally trial.
Damages available in patent litigation include an injunction, a reasonable royalty, a disgorgement of profits, treble damages, costs, and attorneys fees. For our complete litigation philosophy and a list of some cases that we have handled in the past, please see our intellectual property litigation page.
If you are involved in a patent litigation or patent infringement matter, we encourage you to seek the advice of a patent attorney at the earliest possibility because important deadlines exist. If you are interested in having us assist you with a patent litigation matter, please contact us. We have offices located throughout southern California - Los Angeles, Orange County, and San Diego.