UNITED STATES DISTRICT COURT – SOUTHERN DISTRICT OF CALIFORNIA
Intellectual Property Attorneys Practicing Law in Federal Court
In the United States, both the federal and state governments maintain court systems. Whether a particular case should be filed in a state or federal court depends on a number factors, including the nature of the dispute, the parties involved, and the amount of money at issue. In addition, there are certain actions that can only be heard by federal courts, while there are others that could proceed in either state or federal court.
In the federal system, a district court is the equivalent of a California state superior court where a legal action is first initiated. In California, there four judicial districts: the Northern, Southern, Eastern, and Central—all of which sit within the 9th Circuit. This means that appeals from these courts are heard by the United States Court of Appeals for the Ninth Circuit.
The United States District Court for the Southern District of California operates from three courthouses, two of which are located in San Diego and one which is located in El Centro. Practicing in federal court is significantly different than practicing in state court, so anyone with a potential intellectual property claim should be sure to retain an attorney familiar with federal legal practice.
In fact, there can be substantial variance in custom and procedure from courtroom to courtroom within the same court, based on the judge. As a result, if you are involved in a dispute that may result in litigation in the District Court for the Southern District of California, you should seek out a lawyer familiar with practicing law in that court.
At Mandour & Associates, we regularly represent clients involved in litigation that takes place in the United States District Court for the Southern District of California. We practice exclusively in the area of intellectual property law, and we work with clients involved in trademark, patent, and copyright litigation.
Litigation in Intellectual Property Cases
An Intellectual property infringement can significantly cost your company. Brands, products, and creative works are often the very basis of an enterprise and when they are compromised, a company can lose profits while other parties wrongfully gain from the infringement.
Our legal team can thoroughly examine your situation and determine whether an actionable infringement is occurring. Because we always aim to resolve every case in the most efficient manner possible, we can formally request that the party cease infringing on your intellectual property rights and compensate you for any losses you incurred as a result. However, such a request is not always sufficient, as a party may refuse to compensate you or they may deny that they infringed on your rights altogether. In such cases, it is often necessary to turn to the courts.
Federal court is the appropriate jurisdiction for most intellectual property cases due to the federal laws that govern intellectual property and the nature and location of the parties. Therefore, law firms that handle intellectual property cases should be highly experienced when it comes to practicing in federal court. This includes understanding the specific court and judge to which the case is assigned.
An intellectual property case may go through many stages of litigation, including the following:
- Filing pleadings
- Discovery of information, including depositions, interrogatories, and requests for production
- Expert analysis and discovery of expert findings
- Settlement conferences
Any person who has ever been involved in litigation knows it can be stressful, time-consuming, and costly, especially if a case is headed for trial. At Mandour & Associates, our goal is to establish a streamlined and effective litigation strategy meant to resolve your case as efficiently as possible.
The Importance of Representation by an Experienced Attorney in Intellectual Property Litigation
When an intellectual property dispute goes to trial, the stakes can be extremely high. In some cases, the outcome of a dispute could mean the difference between the financial success of an enterprise or its ruin. For this reason, anyone involved in such a dispute should retain an attorney as soon as they realize that a dispute may result in litigation. Some of the specific ways in which an experienced IP lawyer can assist clients involved in intellectual property litigation include the following:
- Drafting pleadings that maximize the chances of success
- Engaging in thorough discovery of information and evidence from the adverse party
- Developing a comprehensive and compelling trial strategy
- Determining all legal defenses that apply
- Using procedural tactics to attempt to resolve a case favorably
Contact Mandour & Associates to Speak with a California Intellectual Property Attorney
If you are involved in a dispute that may result in litigation in the United States District Court for the Southern District of California, it is important for you to retain an attorney familiar with practicing law in that court and who has experience and a track-record of success in IP litigation. To schedule a consultation with an intellectual property lawyer licensed in the United States District Court for the Southern District of California, please contact us through our contact form.