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Litigation / Interference

Litigation / Interference | Scully Scott Murphy & Presser PC

Our litigation experience is technologically and geographically speaking, borderless. We litigate patents, trademarks, trade secrets and copyrights in a boundless range of technological and commercial environments and possess a domestic and international reputation of being focused and committed to the protection and enforcement of intellectual property.

Patent Enforcement Litigation Success in Garden City, NY

We secured a substantial monetary settlement for a major defense contractor in enforcing its patents on 3D graphics originally developed for flight simulators, now prevalent in video games and animated films. In addition, we have protected multimillion-dollar licensing programs, including the prostate specific antigen (PSA) diagnostic test, 99mTc myocardial diagnostic agents, a computer display system for a major defense contractor, electrical phrenic nerve stimulators and garment hangers for an international industry leader.

How Does Patent Litigation Work?

  • Infringement identification – The patent holder identifies a product or process that infringes on their patent.
  • Cease and desist letter – Patent holder sends a cease and desist letter demanding the infringement stops.
  • Complaint filing – If infringement continues, the patent holder files a patent infringement complaint in federal court.
  • Discovery – Both sides exchange documents, interrogatories, depositions to build their case.
  • Claim construction hearing – The court holds a hearing to interpret the meaning and scope of the patent claims.
  • Trial – The jury or judge examines evidence and testimony to determine if infringement occurred.
  • Remedies – If found guilty, the infringing party must pay damages and may be barred from further infringement. Appeals are possible.

What Are The Damages In Patent Litigation?

There are several types of monetary damages that can be awarded in patent infringement cases:

  • Lost profits – Profits the patent holder lost due to the infringement.
  • Reasonable royalties – Royalty rates the infringer would have paid to license the patent.
  • Price erosion damages – Compensation for price erosion due to infringement.
  • Punitive damages – Extra damages to punish willful infringement. Capped at 2-3x damages.
  • Attorneys’ fees – Fees incurred for reasonable legal costs.
  • Interest – Interest on damages for the time period of infringement.
  • Injunction – A court order barring further infringement.

The courts have wide discretion in assessing damages appropriate to the specific facts of each case.

Versatile Experience in Interference Practice

Our versatility is further complimented with extensive experience in interference practice (now derivation proceedings) in the United States Patent and Trademark Office. Since our inception, we have cleared the way for patents for both large and small corporations and have worked closely on early landmark decisions such as Squires v. Corbett and Driscoll v. Cebalo.

We are experienced in all aspects of trademark and unfair competition litigation including trade dress infringement, counterfeiting, false advertising, “grey market” actions and trade disparagement under Section 43(a) of the Lanham Act. These actions may involve RICO, antitrust and advertisement laws where applicable. Our firm has counseled client on ITC matters and has brought and/or successfully defended seizure actions and customs proceedings. Contact us today to get started.

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