Patent Litigation


Clients seeking to protect their intellectual property rights rely on Day Pitney for its extensive experience in patent litigation. Our litigation clients range from Fortune 500 companies to start-ups, and are engaged in such diverse industries as manufacturing, packaging, information services, software, high-technology research and development, pharmaceuticals, toy, retail sales, telecommunications, financial services, banking, insurance, health care, utilities, advertising and media.

Our patent litigators, many of whom are members of the patent bar, are experienced in litigating issues unique to patent law, including:

  • Early assessment of patent validity, enforceability and infringement
  • All aspects of Markman proceedings
  • Assessment of patent damage claims
  • Trial of infringement cases before judges and juries
  • Disputes over inventorship on an issued patent
  • Interference proceedings at the Board of Patent Appeals and Interferences
  • Proceedings before the International Trade Commission
  • Appeals before the Court of Appeals for the Federal Circuit
  • Coordination of worldwide legal proceedings as part of a client's overall strategy for its patent portfolio

Our litigation teams include patent attorneys with scientific backgrounds and trial lawyers who have successfully litigated a large number of patent infringement cases, including jury trials. Extensive trial and scientific experience allow us to present complex technical issues to judges and jurors in straightforward, persuasive ways. This blend of scientific experience and trial litigation prowess provides clients with a cost-effective combination in often high-stakes and complex matters. Some clients for whom we provided litigation/trial services are:

  • A leading manufacturer of medical devices
  • A leading window treatment manufacturer in a multimillion-dollar dispute involving patent claims and antitrust counterclaims
  • The industry leader in the field of portable electronic environmental monitors in patent infringement litigation
  • An international manufacturer of brushless DC fans in a patent infringement action, which we tried to jury verdict
  • Major international manufacturers of gas analyzers in litigation involving allegations of patent infringement, trade secret misappropriation and fraud
  • A leading manufacturer (and supplier to international retail chains) of hand tools in a patent infringement action, in which our client prevailed after a successful Markman hearing
  • An industry-leading developer and manufacturer of paper and consumer packaging products in multiple patent infringement actions in the Eastern District of Texas
  • A manufacturer of specialty optical fibers in a dispute with an international powerhouse competitor in a patent infringement action involving 10 patents
  • A leading toy manufacturer in multiple patent infringement actions
  • A leading consumer electronics manufacturer in multiple patent infringement actions involving digital television technology
  • A leading manufacturer in a successful trial and appeal of an infringement action involving electronic component packaging and handling