Patent Litigation

A patent dispute can affect a company’s ability to sell its products, protect its investment in research and development, and compete in important markets. Resolving that dispute requires counsel who can understand the invention, identify the decisive legal issues, and build a persuasive case around the evidence.

Perilla Knox & Hildebrandt represents patent owners and businesses accused of infringement. We help clients evaluate potential claims, respond to infringement allegations, and pursue litigation strategies that reflect the technology, the available remedies, and the commercial consequences of the dispute.

Our attorneys bring together patent litigation experience and knowledge developed through preparing, prosecuting, and challenging patents. That combination helps us examine a case from multiple perspectives: what the inventor disclosed, what the patent claims cover, how the accused product operates, and whether the asserted rights can withstand challenge.

Understanding the technology. Building the case.

Effective patent advocacy begins with a detailed understanding of the invention and the accused products or processes. We work with inventors, engineers, business personnel, and technical experts to establish the facts and explain their significance.

Our technical experience includes software and computer systems, artificial intelligence, telecommunications, electronics, semiconductors, mechanical and electromechanical systems, and consumer products. We examine source code, technical documentation, product designs, testing, and other evidence to develop positions supported by how the technology actually works.

We then translate that technical record into clear arguments for judges and juries. Throughout the case, we focus on connecting the evidence to the questions that matter: claim scope, infringement, validity, enforceability, and damages.

Patent experience that informs litigation strategy.

The language of a patent must be understood in the context of its specification, prosecution history, and relevant prior art. Our patent prosecution experience helps us identify how those materials support—or limit—the positions available in litigation.

For patent owners, we assess how the asserted claims apply to competing products and where potential challenges may arise. For accused infringers, we examine the patent’s reach, the differences between the claimed invention and the accused technology, and the evidence supporting potential invalidity defenses.

We use that analysis to set priorities early, guide discovery, select experts, and evaluate opportunities to resolve or narrow the dispute.

Coordinating court litigation and patent challenges.

A patent dispute may involve both federal court litigation and proceedings before the Patent Trial and Appeal Board (PTAB). Decisions in one forum can affect the arguments, schedule, and options available in the other.

We integrate litigation strategy with inter partes review, post-grant review, and other available USPTO proceedings. Our analysis considers the strength of potential challenges, procedural requirements, estoppel, possible litigation stays, and the consequences for related infringement claims.

For patent owners and challengers alike, the objective is a coordinated approach that accounts for the full dispute.

Commercial priorities guide the strategy.

The right litigation strategy depends on what the client needs to achieve. A patent owner may seek to protect a product market, support a licensing program, or address a competitor’s use of patented technology. An accused infringer may need to preserve product availability, manage financial exposure, or resolve uncertainty affecting a planned launch.

We evaluate those objectives alongside the merits, likely costs, potential remedies, and demands on the client’s business. As the evidence develops, we reassess the available options and help clients make informed decisions about settlement, continued litigation, and trial.