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Sat, 27 Nov 2021 02:25:39 -0600
2017-06-14 Print

How to Pick a Winning IP Litigation Team


Considering that patent, trademark or copyright disputes are likely to arise at some point, there are many factors to consider regarding picking quality IP counsel. Here are some qualities to look for when selecting your intellectual property litigation team.

FOR IMMEDIATE RELEASE

Cincinnati, OH – June 13, 2017 - More than 2,000 years ago, the great Chinese military officer Sun Tzu wrote in “The Art of War” that “the greatest victory is that which requires no battle.” Thus, in this very litigious age, the best strategy for protecting your company’s intellectual property (IP) is, if possible, to avoid costly court battles. In other words, your company’s IP counsel should be able to employ creative and insightful patent, trademark, and copyright prosecution, counseling and licensing strategies to, if possible, keep would-be infringers at bay and your company out of court.

However, even with the best IP practices, sometimes your company must defend itself in court or enforce its IP rights against infringers. Sun Tzu also said that “he will win who knows when to fight and when not to fight,” and experienced IP counsel will help your company decide whether and when to potentially use more aggressive enforcement or when defense strategies are warranted. Considering that patent, trademark or copyright disputes are likely to arise at some point, there are many factors to consider regarding picking quality IP counsel.

Here are some qualities to look for when selecting your intellectual property litigation team.

Competency – While some general practice firms may offer limited IP services, they may not be equipped to handle the complex spectrum of issues that often arises in IP litigation, including patents, trademarks, copyrights, trade secrets and license disputes. Having a deep bench and experience in, for example, alternative dispute resolution can save significant time and money. There are also many nuances to IP litigation. Without a deep understanding of those nuances or the intricacies of administrative proceedings at the U.S. Patent and Trademark Office (USPTO), there is a danger of your company being exposed to potentially devastating damages or a loss of rights that could have otherwise been avoided. IP litigation is a highly specialized area of law. Strong patent work requires strong technical insight. Therefore, it is critical to hire a firm that has the expertise to understand your company’s inventions and its technical aspects. That is why most IP attorneys possess scientific, engineering or technology-related degrees. Looking for IP attorneys who have specialized scientific or technology education and hands-on industry experience helps them to better advise clients.

Experience – The practice of IP litigation often comes with unexpected challenges, so hiring a firm that has the experience and knowledge to navigate these obstacles is crucial. No one wants to hire an attorney only to find this will be his first rodeo. Individual and collective experience gained from decades of IP litigation, studiously handed down from one generation of litigators to the next, can be an invaluable asset to your team.

Understanding Objectives – Litigation can often be lengthy and costly. It is imperative to hire a firm that understands the big picture and how this particular IP matter fits into that picture. Is this an all hands-on deck, bet-the-company matter, or is this a matter that is of lessor importance? When selecting an IP litigation firm, it is important that the attorneys selected not only have the knowhow to win the legal battle, but also the expertise and the intellect to manage the litigation appropriately. Both are necessary so that the outcome meets your company’s financial expectations and overall business objectives.

Wood Herron & Evans, LLP believes in ensuring that our clients fully understand all aspects of Intellectual Property litigation, including its pitfalls. With fine-tuned preparation, our clients’ rights are protected and enforced in the courts as well as through arbitration and/or mediation.

Wood Herron & Evans LLP is fortunate to include seasoned litigators and support staff who are well-equipped to prosecute or defend all types of Intellectual Property litigation matters. Our Intellectual Property litigation attorneys have a proven track record of success within the state and federal courts across the country, including the Supreme Court of the United States and the U.S. Court of Appeals for the Federal Circuit, and the Patent Trial and Appeal Board. For more information or to schedule a consultation, visit whe-law.com or contact Wood Herron & Evans today at 1.800.733.0262.

 
Contact Info
Wood Herron & Evans LLP
2700 Carew Tower
441 Vine Street
Cincinnati, Ohio 45202-2917

Phone: 1.800.733.0262

Website: http://whe-law.com/