Patent Attorneys in San Diego, CA
Patent Attorneys in San Diego, CA
Buche & Associates is based in San Diego and also has offices in Los Angeles and Houston. We handle patent cases across the country. We specialize in many areas of the law including patent infringement and intellectual property protection. Our patent attorneys have considerable experience representing clients from various business and private sectors including oil and gas, medical, fashion, software, sports equipment, music, tactical systems, and more.
Patent law is a part of intellectual property law that is associated with new inventions and designs. Traditionally, patent cases have involved mechanical inventions such as engines, semiconductors, or other machinery. Today, however, patents can be issued for a broad range of items that include coding algorithms, designs, fabrication methods, living organisms, and even some proprietary business practices. In fact, it’s an evolving matter of debate as to what is eligible for patent protections under the law and what items are, in fact, new and deserving of a patent.
There are two primary kinds of patents: utility patents and design patents. Our patent attorneys are comfortable handling cases that involve any of these patent types. Whether the patent is associated with software, a technical application, packaging design, or a chemical application, we can help protect your invention.
Our Patent Attorneys Are Experts
Buche & Associates has expert patent attorneys who specialize in patent law and patent litigation. Our attorneys have advanced science and engineering backgrounds with technologies that include mechanical, electrical, biology, chemical, environmental, and aerospace disciplines. We represent a wide array of clients, ranging from individual inventors, to larger businesses. We offer expert legal counsel and can help you protect your intellectual property by securing patents. We also help clients secure their trademarks and copyrights. Our patent attorneys are experts when it comes to filing complex applications and litigating complicated infringement cases. If you are you considering selling or licensing your patent, then our patent attorneys can help in that department too. We have vast experience with IP licensing.
Patent Infringements in San Diego, CA
We take allegations of patent infringement seriously, and we know our clients do too. We understand how a patent infringement can drastically affect your business interests. Unchecked infringement can threaten markets, and the bottom line. On the other hand, bogus allegations of infringement can deter fair competition and innovation.
If any of these situations apply, we encourage you to contact the experienced patent attorneys at Buche & Associates.
- you believe that your patent rights have been infringed
- you’ve been threatened with infringement allegations
- you have questions about the scope of rights of another patent holder
Importantly, Buche & Associates specializes in patent law and patent litigation for both plaintiffs and defendants. We have represented both sides on various occasions, so we know how our opponent is likely evaluating a case. We bring this experience to the table for our clients. If you have questions about your rights as a patent owner or have concerns about patent infringement, you can contact us to assess your case.
We know that patent litigation can be an expensive process, so our attorneys take care to fully assess any possible infringement strategies while carefully considering and informing our clients about the pros and cons of taking the infringer to court. If a client is being accused of patent infringement, we can provide counsel as to how best to deal with defense from a cost perspective, and find a solution that meets the needs of your business.
You deserve aggressive legal representation. Buche & Associates will deliver this type of service. Not only do we have attorneys who are experts in the area of patent law, but we have attorneys who like to litigate and will be more than comfortable trying your case to a jury, judge, arbitration panel, mediator, or arguing in appellate forums. We have done all those things, and if your opponent is not reasonable in litigation or negotiation, we will find justice elsewhere by harnessing the other wheels of procedure. Being experts in these matters allows our attorneys to provide our clients with aggressive representation, and representation designed to secure their best interests.
Venue and Patent Law
In most cases, patent litigation proceeds in federal court. There may also be infringement cases that arise from administrative bodies like the International Trade Commission. Our attorneys find that venue is typically among the first arguments between parties where litigation is concerned. The choice of venue is important, particularly as it relates to the convenience of the parties involved in the case. Since many patented items are distributed globally, the most appropriate venue may be within federal jurisdictions.
Also, these days, with some of the changes of the Patent Reform Act in place, there are numerous alternative venues for resolving patent disputes, but most notably the Patent Trial & Appeal Board or “PTAB” as it is commonly known. Most patent disputes will find their way into this forum or parallel litigations may sometimes proceed. The PTAB provides an administrative avenue to challenge the validity of patents. Much deference is now given to this board, so that that lawsuits filed in federal court are often “stayed” as the boards decide matters of patent validity on a claim-by-claim basis. There are a variety of procedures available for litigants at the PTAB including inter partes review (“IPR”), post grant review (“PGR”), and ex parte challenge mechanisms that are commonly used. At Buche & Associates, we have successfully deployed all of these procedural mechanisms to achieve good results for our clients. We are licensed at the Patent Office and are quite comfortable with these challenges and balancing them with the nuances of litigation in federal courts that span the country.
In other cases, patent disputes will proceed by arbitration, where private judges decide matters of infringement, or they can involve proceedings at the International Trade Commission, which will consider proceedings to obtain exclusion orders.
What Are Some Remedies for Patent Infringement?
Often, our clients seek legal counsel from us because they want another party to cease infringing upon their patent. They may want imports of patent-infringing products to stop. They may also desire—as is their right—monetary damages. In patent cases, the courts may award the patent owner damages as related to reasonable licensing royalties or lost profits of the plaintiff. It’s often necessary to solicit the advice of forensic economists to evaluate damages associated with patent infringements. Injunctions are also often sought to get the infringement shut down. In other cases, patent rights holders may seek exclusion orders, or seizures of infringing products with the cooperation of either the U.S. Marshall’s service or United States Customs & Border Protection which is part of the Office of Homeland Security.
What Is the Procedure for Patent Infringement?
Patent litigation in federal court typically concerns several major focuses. We will elaborate upon them here:
During the claim construction phase of litigation (which can occur at various times), the court will examine the language used in the claims to define the case’s scope. Each term in the claim is significant, and some more than others, which is why it’s essential to seek counsel from a law firm that has attorneys who specialize in patent law and real experience with federal litigation. At the beginning of this process, the court will assess the patent description and also evaluate the paperwork and file history that preceded the patent’s issuance. In some cases, the court may choose to employ an expert to decipher the claim as patents can be highly complex. The conclusion of this phase often ends with a Markman hearing, which may involve testimony from witnesses. Our attorneys have seen cases where the Markman construction nearly concludes the patent infringement case with a summary judgement. In these cases, a party might seek to elevate the case to the Court of Appeals for the Federal Circuit, which has a history of considerable reversal rates. Claim construction is also an important phase of cases that proceed at the Patent Trial & Appeal Board (“PTAB”) because interpretation of patent claims will have a bearing of patent validity.
If a patent claim is invalid, it can’t be infringed. For this reason, many patent disputes focus on patent validity. Patent validity challenges can occur in federal court, but increasingly, litigants are moving disputes on the validity of patent into the Patent Trial & Appeal Board (“PTAB”), due to the perceived lower costs, expert judges at the PTAB, and statistically higher success rates of killing patents in that forum. Patent validity challenges proceed on a claim-by-claim basis, and the challenger will typically try to show that the claims were invalid because of issues of lack of novelty under 35 USC §102, for being “obvious” under 35 USC §103, for not being “enabled” under 35 USC §112, or sometimes for issues of “fraud on the patent office” by reason of knowing failures to disclose critical references to technologies that pre-date or “anticipate” the patent claims.
Assuming a patent survives validity challenges, Markman construction, and summary judgment defenses of noninfringement, then infringement liability will come into play. Infringement liability may or may not include damage evaluations. Some litigants care more about an injunction that will stop infringements than monetary damages. But, it’s during this phase that plaintiffs will attempt to prove that their patent has been violated by providing evidence, reports, and witnesses who attempt to prove that the defendant’s products or services have all the elements of the plaintiff’s patent claims. During this part of a trial, a defendant will argue that they did not infringe upon the patent claims. Frequently, experts will be called in to opine on whether the elements of the claims are met when compared to the Defendant’s products.
Arguing about damages is a particularly intensive part of the process as one might imagine. The plaintiff will want to achieve compensation for lost profits or sales, or to find a reasonable royalty. It’s common for both the plaintiff and defendant to call in forensic economists or accountants to review the case and present damage models. Sometimes the court will decide to separate phases of the case depending on the interests of justice.
Enhanced Damages in Patent Cases
If the plaintiff proves that the defendant willfully infringed on the patent owner’s rights, they can be liable for increased damages. If the defendant knew that the patent was valid and continued to infringe upon the owner’s rights, they are liable.
Declaratory Judgment Actions
A party accused of patent infringement may be entitled to a Declaratory Judgment Action under federal law. This action is effectively a request for the court to decide if an activity is infringing upon the owner’s patent or if the patent is valid. Declaratory Judgment actions are often the first filings to win the venue battle, and to determine in which jurisdiction a patent case will be heard. Some jurisdictions, such as the legendary Eastern District of Texas, have become known across the country for their roles in resolving patent disputes, and spawning legislation.
Choosing the Best Patent Attorneys
Patent law involves many complexities. Both plaintiffs and defendants require experienced attorneys who specialize in this aspect of the law. Buche & Associates has expert patent attorneys who can represent you throughout the patent process, including patent infringement litigation. We maintain the latest software programs, technical applications, and docketing programs that help us manage the size and scope of your case.
Our attorneys will meet with you to discuss your case, taking care to examine all of the issues to provide you with the best legal counsel. Because patent litigation is expensive, we will do our utmost to provide you with a value proposition, helping you decide if taking your case to court is in your best interests based on the merits of your case. Should you proceed with your case, you can expect unparalleled dedication from our attorneys as we work to achieve your goals.
What our Clients have to say...
Great... They helped me straighten out a patent 10 years ago and now I'm reaping the rewards. Thx JohnFlagPole Buddy2/14/2019
John and his team have been fantastic to work with. They are always responsive, professional and very knowledgeable. Highly recommended.Mark Leone2/09/2018
John and the associates at his firm have done some fantastic trademark and other intellectual property work for my business startup. His legal advice has been invaluable and I can't recommend his services enough.Jim B4/01/2014
I spoke with John and two of his attorneys about a the potential for patenting a bicycle braking apparatus. He was very knowledgeable and generous with his and his teams time. It turned out that the apparatus was not patentable but had it been we would have strongly considered Buche & Associates.MB S3/07/2014