Patent Litigation

McGuireWoods’ patent litigation group combines the talents of our registered patent lawyers with those of our experienced trial lawyers. We are intimately familiar with patent law as it applies to a wide range of technologies, and have the communication skills necessary to explain difficult legal and technical concepts to judges and juries. Our team includes individuals with prior technical experience in the industry, a number of whom also have advanced scientific degrees. Combined with firsthand experience at the U.S. Patent and Trademark Office, our lawyers can efficiently handle patent prosecution and litigation matters in virtually any technology.

The firm’s practitioners have handled cases in some of the most patent-savvy tribunals in the United States, including the “rocket dockets” of the Eastern District of Virginia and the Eastern District of Texas, the District of Delaware, the Northern and Central Districts of California, the Northern District of Illinois and the U.S. International Trade Commission. As patent disputes mirror the increasingly global nature of our clients’ businesses, we regularly coordinate U.S. patent litigation with international patent proceedings in Germany, The Hague and the European Patent Office (EPO).

Our clients range from start-ups and medium-sized companies to some of the largest, most recognizable multinational corporations, universities, and research organizations, many of which are leaders and innovators in their respective fields. For example, we represent one of the leading global polymer system suppliers, the leading supplier of insulated concrete forms building systems in North America, one of the largest generic drug manufacturers in the United States, the leading U.S. semiconductor manufacturer of transceiver products, a leading manufacturer of cell phones and one of the most innovative and leading nanotechnology companies, and the automotive, diesel and telecommunications divisions of one of the world's largest technology companies.

Jury trials often make clients uncomfortable because of the variables involved and the concern that the average person may not be able to comprehend complex facts and concepts to reach the “correct” decision. Corporate general counsel and chief executive officers demand certainty and a clear sense of the outcome of their patent cases as early as possible in the litigation process. McGuireWoods regularly recommends that clients use focus groups to test the strength of their patent infringement cases or defenses, which can provide key insights into potential outcomes and use of various courtroom strategies.

In this arena, our attorneys have participated in more than 100 focus group presentations and can cost-effectively test a case before a focus group. Focus groups allow counsel and clients to watch the jury deliberation process and see whether “jurors” understand the difficult information given to them by each side. Focus groups are an excellent learning tool to assist clients in understanding how a real jury could receive the case and rule on it. The results provide clients with the information necessary to make sound business decisions about the value of patent infringement matters and how to proceed.