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Who We Are Our People Practices News and Events Insights Offices Join Us Diversity Home > Practices > Patent Litigation Patent Litigation The very essence of what can be patented is being redefined by the courts. In recent years, the courts have reformed patent law significantly in many areas, raising the bar with respect to injunctive relief, willfulness, damages, indirect and joint infringement and obviousness. Currently before the U.S. Supreme Court is the appeal of a landmark case that already has changed the contours of patentable subject matter, casting doubt on the validity of patents relating to business methods and software related inventions. Manatt patent attorneys have the expertise to help you navigate the ever shifting landscape of patent law whether you are a patent owner or just received a threatening letter from one. In the Industrial Age, technological developments were mechanical and patent infringement was relatively easier to prove. However, in the rapidly evolving technology of the Information Age, you need forensic technical scientists to prove both exactly who can lay claim to an idea; and when and where the idea was born. Thankfully, Manatt has those types of highly sought after experts in-house. Manatt’s technical experts specialize in computer science, communications, networking, electrical components, Internet technology, and mechanics. They hail from senior technical positions at industry leading companies and associations. We even employ a Wizard – the designation for Apple’s highest level of technical expertise. Our tech team speaks the language of technology and helps the litigators do what they do best: mount a masterful strategy that achieves your business objectives, on offense or defense. Manatt’s fusion of legal and technical prowess – if only we could patent it The marriage of smart legal counsel and strong technical skills can make all the difference between success and failure in court. Clients tired of spoon-feeding technical information to their lawyers, will find it easy to work with Manatt. Manatt’s Technology and Patent Litigation Practice group prefers to handle a select group of cases at one time. As a result, our clients enjoy an exceptionally deep level of focus and attention from our senior-level team. Our patent attorneys are adept at handling patent litigation, prosecution and the full range of business transactions associated with patents. We assist clients with every step of the patenting process, starting with filing of applications (and appeals, when necessary) in the United States Patent and Trademark Office (“USPTO”). When protecting an innovation is appropriate, our attorneys investigate the potential rights and decide whether the requirements for obtaining a valid and enforceable patent can be met. We have deep experience trying cases in the federal courts, before the Board of Patent Interferences of the USPTO, and (with the help of Manatt international trade attorneys) in international trade proceedings before the U.S. International Trade Commission. Recognizing the potentially crippling impact that a judgment for patent infringement can have, we develop strategies for avoiding litigation where alternative mechanisms are available. We also work closely with clients to develop alternative designs that will avoid patent claims of third parties when possible. Selected Matters We led an aggressive litigation campaign on behalf of wireless e-mail company Visto Corporation (now Good Technology) against RIM, Motorola, and others after successfully representing Visto in cases against Microsoft, Seven Networks, and others. In the Seven case, an Eastern District of Texas jury returned a verdict of willful infringement and a damage award of 19.75%. In the RIM case, RIM settled for $267.5 million. We negotiated long-term licensing agreements with Microsoft and RIM and helped Visto eventually acquire Good Technology from Motorola. In the Southern District of New York, we led an aggressive defense of a patent infringement action filed by Philips, against Concord Records and other content publishers and CD manufacturers regarding patent claims that Philips argues are essential to manufacturing CDs that conform to standard specifications. We obtained a dismissal for our clients on the basis of exhaustion. We enjoined 321 Studios from selling the popular DVD X Copy piracy software. We successfully defended a patent infringement action against Musicmatch and the popular Musicmatch Jukebox. We helped biotech company LSBC successfully defend a patent infringement lawsuit from ProdiGene by launching a preemptive challenge to the validity of ProdiGene’s patent which led to the eventual dismissal of the case. Overview Attorneys & Advisors Selected Clients Contacts Press Releases Press Coverage

Patent Litigation

The very essence of what can be patented is being redefined by the courts. In recent years, the courts have reformed patent law significantly in many areas, raising the bar with respect to injunctive relief, willfulness, damages, indirect and joint infringement and obviousness. Currently before the U.S. Supreme Court is the appeal of a landmark case that already has changed the contours of patentable subject matter, casting doubt on the validity of patents relating to business methods and software related inventions. Manatt patent attorneys have the expertise to help you navigate the ever shifting landscape of patent law whether you are a patent owner or just received a threatening letter from one.

In the Industrial Age, technological developments were mechanical and patent infringement was relatively easier to prove. However, in the rapidly evolving technology of the Information Age, you need forensic technical scientists to prove both exactly who can lay claim to an idea; and when and where the idea was born. Thankfully, Manatt has those types of highly sought after experts in-house.

Manatt’s technical experts specialize in computer science, communications, networking, electrical components, Internet technology, and mechanics. They hail from senior technical positions at industry leading companies and associations. We even employ a Wizard – the designation for Apple’s highest level of technical expertise. Our tech team speaks the language of technology and helps the litigators do what they do best: mount a masterful strategy that achieves your business objectives, on offense or defense.

Manatt’s fusion of legal and technical prowess – if only we could patent it
The marriage of smart legal counsel and strong technical skills can make all the difference between success and failure in court. Clients tired of spoon-feeding technical information to their lawyers, will find it easy to work with Manatt.

Manatt’s Technology and Patent Litigation Practice group prefers to handle a select group of cases at one time. As a result, our clients enjoy an exceptionally deep level of focus and attention from our senior-level team.

Our patent attorneys are adept at handling patent litigation, prosecution and the full range of business transactions associated with patents. We assist clients with every step of the patenting process, starting with filing of applications (and appeals, when necessary) in the United States Patent and Trademark Office (“USPTO”).

When protecting an innovation is appropriate, our attorneys investigate the potential rights and decide whether the requirements for obtaining a valid and enforceable patent can be met. We have deep experience trying cases in the federal courts, before the Board of Patent Interferences of the USPTO, and (with the help of Manatt international trade attorneys) in international trade proceedings before the U.S. International Trade Commission.

Recognizing the potentially crippling impact that a judgment for patent infringement can have, we develop strategies for avoiding litigation where alternative mechanisms are available. We also work closely with clients to develop alternative designs that will avoid patent claims of third parties when possible.

Selected Matters

We led an aggressive litigation campaign on behalf of wireless e-mail company Visto Corporation (now Good Technology) against RIM, Motorola, and others after successfully representing Visto in cases against Microsoft, Seven Networks, and others. In the Seven case, an Eastern District of Texas jury returned a verdict of willful infringement and a damage award of 19.75%. In the RIM case, RIM settled for $267.5 million.
We negotiated long-term licensing agreements with Microsoft and RIM and helped Visto eventually acquire Good Technology from Motorola.
In the Southern District of New York, we led an aggressive defense of a patent infringement action filed by Philips, against Concord Records and other content publishers and CD manufacturers regarding patent claims that Philips argues are essential to manufacturing CDs that conform to standard specifications. We obtained a dismissal for our clients on the basis of exhaustion.
We enjoined 321 Studios from selling the popular DVD X Copy piracy software.
We successfully defended a patent infringement action against Musicmatch and the popular Musicmatch Jukebox.
We helped biotech company LSBC successfully defend a patent infringement lawsuit from ProdiGene by launching a preemptive challenge to the validity of ProdiGene’s patent which led to the eventual dismissal of the case.