Philadelphia, PA intellectual property lawyer John D. Simmons talks about the trends he sees in IP litigation.
More In This Category
Back in the mid-2000s, patent litigation was king. There were huge damages awards. It was – it was something that teams of lawyers worked on. And I think that’s changed in the recent years. So patent litigation is not the number one filer. It was in the past.
We opened our Delaware office because so many cases were filed in Delaware because the Delaware court system lends itself to corporations and so many companies are incorporated there. When we opened our office, a famous case came out called TC Heartland that said that if you’re gonna bring a patent litigation, you need to bring it where the company’s incorporated, where their principal place of business is. So we saw a huge uptick in patent filings in the District of Delaware, where we have very experienced patent judges. But in recent times because, I think, the change in the field of what’s protectable and how many patents are getting killed in the tech industry, we’ve actually seen a shift. So we’re involved in a lot more litigation involving trademarks, unfair competition, and also nondisclosure agreements and breach of those nondisclosure agreements.
It’s one of those areas where I think we help our clients get out of a case when they’re the defendant as quickly as possible through whatever means we can use. And one of those means is the post grant reviews in the patent office, which we call inter partes reviews, which our firm has a lot of experience in. We started doing inter partes re-examinations, which were the first – or the beginning of the adverse proceedings in the patent office. It’s a lot cheaper and it’s a lot easier to kill a patent there than it is in the courts. And it saves our clients a lot of money. And we think we bring that to the table when we represent our clients in IP litigation.