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Austin Patent, Trademark & Copyright Attorneys
Buche & Associates, P.C.

Austin, TX

Austin Full-Service Law Firm — Patent, IP, and Copyright Lawyers

Austin Patent Attorneys

At Buche & Associates P.C., we provide a broad range of legal services including civil litigation, intellectual property protection, patents, and trademark litigation. The lawyers in our firm work with businesses and individuals to ensure their intellectual property rights are properly protected and they receive high quality legal services.

If you’re looking for an experienced Austin patent attorney or you need assistance protecting intellectual property rights, please schedule your free consultation today.

Accomplished Austin IP Attorneys

At Buche & Associates P.C., a large part of our practice involves intellectual property rights. In fact, we’ve been handling intellectual property cases for more than 20 years.

Our IP attorneys have handled intellectual property licensing at all levels of business — from small and medium-sized businesses to Fortune 500 companies.

Whether you need to license, sell, or secure your intellectual property, our IP lawyers can help you. The fact is, your company’s intellectual property is probably one of its most important assets —and it should be handled properly. It’s more important than ever that your company’s intellectual property is properly protected. That’s why you need an accomplished IP attorney on your side, like those at Buche & Associates P.C..

In addition to working with businesses of all sizes to license, secure, and litigate intellectual property matters, we’ve worked with companies in various industries. Some of the industries our IP attorneys have experience working with include:

  • Oil and Gas
  • Automotive products
  • Clothing
  • College team logos
  • Beverage distribution
  • Famous golf club brands
  • Famous footwear brands
  • Graphic artwork
  • Medical equipment
  • Hotel franchise licenses
  • Material handling products
  • Merchandising for popular comic characters
  • Musical works
  • A nationally recognized brand of power tools
  • Photography
  • Semiconductors
  • Video games
  • Oil and Gas
  • Automotive products
  • Clothing
  • College team logos
  • Beverage distribution
  • Famous golf club brands
  • Famous footwear brands
  • Graphic artwork
  • Medical equipment
  • Hotel franchise licenses
  • Material handling products
  • Merchandising for popular comic characters
  • Musical works
  • A nationally recognized brand of power tools
  • Photography
  • Semiconductors
  • Video games

Over the past 20 years, we’ve worked with all kinds of businesses throughout a wide range of industries to help commercialize various types of IP rights, including patents, copyrights, trademarks, trade secret technologies, and trade dress.

Our IP attorneys have vast experience in trademark, copyright, and patent litigation. So not only can we secure your company’s intellectual property and make sure your agreements are enforceable in the proper forums, we can handle most disputes that arise.

If you need to discuss your company’s intellectual property and how to secure it, please contact Buche & Associates P.C. for a free consultation.

Reliable Austin Patent Attorneys

Has your company been accused of patent infringement? Even the accusation of patent infringement can be detrimental for businesses, so it’s important you speak with a reliable Austin patent attorney as soon as you’re accused. Buche & Associates P.C. has decades of experience dealing with intellectual property law, including handling patent infringement cases. Patent laws are complex, so if you have been accused of infringement or are just concerned about infringing, you need a patent lawyer who understands the law and knows how to devise a plan of action for your business. It’s important to secure an infringement opinion to determine whether there is even an issue and if so, devise a plan to proceed with your case. Our Austin patent attorneys can help you through the entire process.

On the other hand, if your business needs to address somebody else’s infringement, we frequently handle intellectual property enforcement of patent, trademark and intellectual property matters. Do not hesitate to contact us for a free consultation.

The Patent Infringement Litigation Process

Austin Patent Attorneys

Patent infringement cases are typically filed in federal court, and usually begin with a complaint. In some cases, they may have been preceded by a notice letter or a cease and desist letter from counsel or the patent holder.

The defending attorneys will have strategic decisions to make at this point. They may answer the complaint; or they may file other motions to either dismiss the case for improper pleading, or they may also file to try to get venue changes if appropriate. In some cases, motions to “stay” or pause the proceeding may be filed to try to move disputes of patent validity to an administrative forum such as in the Patent Trial and Appeal Board (“PTAB”) where inter partes review, ex parte reexamination, derivation proceedings, or post grant review procedures may occur.

If the case stays in the court in which it was filed though, the courts will typically focus initially on matters pertinent to setting up scheduling orders, protective orders, and will often move into matters of claim construction. How individual courts schedule matters of procedure varies across the country, and with Local Rules. But with “claim construction,” the court reviews the language of the claims of the patent to define the scope of possible coverage and resolve ambiguities. During this process, the court looks at the patent filing history and all paperwork leading up to the issuance of the patent. After hearing arguments from patent attorneys on both sides of the case and possibly calling in experts to help decipher the claims, the court issues an order construing the claims (called a Markman order), which will have a major impact on the rest of the case—and often if a case remains. This issuance determines how both parties will continue to prepare arguments for their case.

If the claim construction order does not contribute to resolving the case, the parties will start to focus on infringement liability. During this time, attorneys try to prove or disprove the accused infringing product reads on the claims as they were construed by the court. During this time, our attorneys work with you to gather evidence, witnesses, and depositions to support your case.

After claim construction, damages will become more important and the parties will spend time preparing alternate damages models to present to the court. If the defendant is found to infringe a patent, damages may be awarded in the form of either “lost profits” or a “reasonable royalty.” Typically, this part of the case is expert intensive. It’s common for both parties to bring in forensic accountants and economists to testify in an effort to argue to establish what they feel is a fair amount. At times, the court decides to separate the damages phase of the proceedings from liability when the interest of justice, costs, or proprietary nature of financial materials warrant it.

Will You Have to Pay Punitive Damages If Patent Infringement Has Occurred?

Austin Patent Attorneys

It is not uncommon for a plaintiff to make accusations of “willful” infringement to try to recover enhanced damages. The court has the ability to increase damages if intentional infringement is shown, and also to award attorney fees in some cases of “exceptional” bad faith conduct. However, whether this type of damages are available is factually specific. Simply being found to infringe will not warrant such relief in most cases, and particularly if a defendant has a good faith basis to believe they do not infringe or a patent is not valid. In some cases, infringement opinions from counsel can help avoid enhanced damages awards. Patent infringement opinions are often secured as part of an overall plan in defense, but they may be useful for this purpose as well.

Our firm has experienced patent litigators. Our lawyers are federally registered and well versed in providing infringement and invalidity opinions. If you need help with a patent infringement case, contact us for a free consultation.

Declaratory Judgements and Patent Litigation

Under federal patent law, a party who is being threatened with patent infringement allegations or litigation has the right to file a Declaratory Judgement Action in a forum of his or her choosing. This action enables the court to step in to determine whether the threatening party’s patent is actually valid and/or if patent infringement has even occurred.

If you have a strong case of noninfringement or patent invalidity, this may be a good strategy. A patent attorney might start your case by filing a Declaratory Judgement Action.

If you have been accused of patent infringement, you need a reliable patent attorney by your side. Do not hesitate to schedule a free consultation with Buche & Associates P.C.

Our Legal Professionals

John Karl Buche

With more than two decades of experience, John provides his clients with expert counsel in matters of civil, injury, business and intellectual property law.

Garett Gray

With over a decade of experience as a disability representative registered with the Social Security Office, Garett Gray specializes in working on disability claims

Byron Ma

Byron Ma is of counsel to the Firm. Byron has experience with patents, trademarks, copyright, and civil litigation, including business disputes and personal injuries.

Bryce A. Johnson

Bryce Johnson is a partner of Buche & Associates, P.C. in the Austin office, and his practice focuses on patents and intellectual property.

San Diego Attorney John Karl Buche

John Karl Buche

With more than two decades of experience, John provides his clients with expert counsel in matters of civil, injury, business and intellectual property law.

San Diego Attorneys

Garett Gray

With over a decade of experience as a disability representative registered with the Social Security Office, Garett Gray specializes in working on disability claims

byron-ma

Byron Ma

Byron Ma is of counsel to the Firm. Byron has experience with patents, trademarks, copyright, and civil litigation, including business disputes and personal injuries.

San Diego Personal Injury Attorney Bryce Johnson

Bryce A. Johnson

Bryce Johnson is a partner of Buche & Associates, P.C. in the Austin, Texas office, and his practice focuses on patents and intellectual property.

Weather in Austin, TX

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68°F

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21mph

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55%

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About Austin, TX

Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most populous city in the United States, the fourth-most-populous city in Texas, the second-most-populous state capital city, one of two state capitals with a population of over one million people, after Phoenix, Arizona, and the most populous state capital that is not also the most populous city in its state. It has been one of the fastest growing large cities in the United States since 2010. Downtown Austin and Downtown San Antonio are approximately 80 miles (129 km) apart, and both fall along the Interstate 35 corridor. Some observers believe that the two regions may some day form a new "metroplex" similar to Dallas and Fort Worth. Austin is the southernmost state capital in the contiguous United States and is considered a "Beta −" global city as categorized by the Globalization and World Cities Research Network.As of 2022, Austin had an estimated population of 1,028,225,up from 961,855 at the 2020 census. The city is the cultural and economic center of the Austin–Round Rock metropolitan statistical area, which had an estimated population of 2,295,303 as of July 1, 2020, a roughly 84% increase from the year 2000. Located in Central Texas within the greater Texas Hill Country, it is home to numerous lakes, rivers, and waterways, including Lady Bird Lake and Lake Travis on the Colorado River, Barton Springs, McKinney Falls, and Lake Walter E. Long. Residents of Austin are known as Austinites. They include a diverse mix of government employees, college students, musicians, high-tech workers, digital marketers, and blue-collar workers.

Bus Stops in Austin, TX to Buche & Associates, P.C.

Bus Stop in Greyhound: Bus Station Austin, TX to Buche & Associates, P.C.

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Bus Stop in Greyhound: Bus Station Austin, TX to Buche & Associates, P.C.

Bus Stop in Austin, TX, 1500 San Jacinto Blvd Austin, TX to Buche & Associates, P.C.

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Bus Stop in Howard Station Bus Stop Austin, TX to Buche & Associates, P.C.

Bus Stop in TRINITY/17Th Austin, TX to Buche & Associates, P.C.

Bus Stop in 2749 Govalle/Webberville Austin, TX to Buche & Associates, P.C.

Bus Stop in 2701 S 1st/Cumberland Austin, TX to Buche & Associates, P.C.

Bus Stop in Bluebonnet Station (NB) Austin, TX to Buche & Associates, P.C.

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Map of Austin, TX

Reviews for Buche & Associates, P.C. Austin, TX

Buche & Associates, P.C. Reviews

Andrew Tredway

starstarstarstarstar (5)

John and Byron are everything you'd want in an attorney. They are professional, honest, and give you straight answers. I can't recommend them enough.

Buche & Associates, P.C. Reviews

Bekkah Thomas

starstarstarstarstar (5)

I have used this firm multiple times over the past 10 years. No matter what I need done, they can help me. The attorneys take their time, they learn about my needs, and I whole heartedly trust them to protect my interests in a timely manner. They go the extra mile and are vested. I have referred them to family and friends and will continue to do so. Thank you!

Buche & Associates, P.C. Reviews

Bryce Hudson

starstarstarstarstar (5)

These guys are great! Always helpful in answering any questions we have, and transparent about the amount of work needed on any new projects. Very well rounded group of individuals and would recommend for any project. Thanks guys!

Buche & Associates, P.C. Reviews

Tony Pastoria

starstarstarstarstar (5)

A quality and seamless experience with Mr. Buche and his associates. Prompt communication with the team was comprehensive and concise. They gave me exactly what I was asking for in my contract almost as if they were reading my mind. Their expertise is self-evident in their work and I would and will recommend Buche Law to anybody looking for any legal work or advice.

Buche & Associates, P.C. Reviews

Matthew Goeing

starstarstarstarstar (5)

Very responsive and professional.

What our Clients have to say about our Austin Attorneys…

badge_avvo_rating_10_s
  • A quality and seamless experience with Mr. Buche and his associates. Prompt communication with the team was comprehensive and concise. They gave me exactly what I was asking for in my contract almost as if they were reading my mind. Their expertise is self-evident in their work and I would and will recommend Buche Law to anybody looking for any legal work or advice.

    Tony Pastoria Avatar
    Tony Pastoria
    9/20/2020

    When I went to see Attorney John Buche I was desperate to get some guidance to help me with my son's case. He was so nice and very professional. I can't even tell you in this review how my son and I appreciate what he did for us. The outcome in my son's settlement agreement was amazing only because of all the help we received for John Buche and his wonderful staff.

    Adrina Morton Avatar
    Adrina Morton
    4/07/2020

    When I went to see Attorney John Buche I was desperate to get some guidance to help me with my son's case. He was so nice and very professional. I can't even tell you in this review how my son and I appreciate what he did for us. The outcome in my son's settlement agreement was amazing only because of all the help we received for John Buche and his wonderful staff.

    A Google User Avatar
    A Google User
    4/07/2020
  • These guys are great! Always helpful in answering any questions we have, and transparent about the amount of work needed on any new projects. Very well rounded group of individuals and would recommend for any project. Thanks guys!

    Bryce Hudson Avatar
    Bryce Hudson
    3/09/2020

    Buche & Associates responded almost immediately to my inquiry about a possible new case. They provided a quick initial assessment and recommendations on how I should proceed. I could not have asked or expected anything better. Buche was extremely helpful and professional.

    A Google User Avatar
    A Google User
    1/08/2020

    Buche & Associates responded almost immediately to my inquiry about a possible new case. They provided a quick initial assessment and recommendations on how I should proceed. I could not have asked or expected anything better. Buche was extremely helpful and professional.

    Sammie Covington Avatar
    Sammie Covington
    1/08/2020
  • Great experience, very quick to return our request for a consult, and professional to deal with.

    Justin Sims Avatar
    Justin Sims
    1/07/2020

    I reached out to Buche and Associates via email for help with a music industry contract. John responded to my email the next day giving me assurance and a thumbs up on my existing contract - NC. I appreciated the rapid, honest, and professional response! I'm very happy to have found this law firm.

    Stefan Depner Avatar
    Stefan Depner
    11/05/2019

    I reached out to Buche and Associates via email for help with a music industry contract. John responded to my email the next day giving me assurance and a thumbs up on my existing contract - NC. I appreciated the rapid, honest, and professional response! I'm very happy to have found this law firm.

    A Google User Avatar
    A Google User
    11/05/2019
  • All the attorneys that did work for me at Buche and Associates were extremely knowledgeable and got the work done quickly and efficiently. I've always felt they've had my best interests and given me sound advice that has paid off. I highly recommend Buche and Associates for your legal needs.

    Josh Wickman Avatar
    Josh Wickman
    10/30/2019

    All the attorneys that did work for me at Buche and Associates were extremely knowledgeable and got the work done quickly and efficiently. I've always felt they've had my best interests and given me sound advice that has paid off. I highly recommend Buche and Associates for your legal needs.

    A Google User Avatar
    A Google User
    10/30/2019

    Highly recommend. Professional, responsive and great to work with. Backed me up 100% in the face of a ridiculous lawsuit.

    sdavis5125 . Avatar
    sdavis5125 .
    8/03/2019
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