IP litigation – particularly patent litigation – has become a high-stakes game in recent years, sometimes euphemistically referred to as the “sport of kings.” Many times this can be an overwhelming experience for a promising business venture coming into full swing in the marketplace – a cliffhanger in their IP strategy. There are already enough technical and financial hurdles that need to be dealt with by the client in ongoing business activities; litigation often can derail valuable resources from the goals of expanding the venture. In many cases, the client has existing IP that is being contested in the litigation claims. How does one determine the strength of the IP, whether it will be invalidated, and how it will be interpreted in a court of law? Intellectual property firms specialize in such activities.
Generally, selecting a litigation law firm that specializes in court proceedings involving technology law and IP with a successful track record is of paramount importance. However, often in patent disputes dealing with validity, infringement, and freedom-to-practice, it is well-advised to retain a litigation support team who can clarify deep technical issues regarding how the patents were prosecuted, and detect potential legal snags, such as estoppel and admission, in order to assess the entire situation before appearing in court.
Litigation support provides high-level consultation and support services to clients and their litigation counsel in regard to current and pending cases in the context of an IP strategy. The type of support services offered for litigation involving intellectual property varies depending on the particulars of the case. Such legal services may range from conducting research and discovery, documenting facts, identifying precedents and relevant prior art, and providing legal opinions before a case comes to trial, or appearing in court for expert testimony as a technical or IP professional, in addition to assisting in the determination of damages through portfolio valuation once a case has been tried.
Our litigation-support engagement managers bridge the client-counsel interaction by identifying the prospects of disputed issues that are relevant to the IP nature of the case, pinpointing relevant precedents from case law with an emphasis in technology law and IP strategy, as well as providing counsel with regard to the status of current laws that may have bearing on the legal action itself. Thereafter, an action plan is proposed by the FPIP management consultants regarding the legal strategy and the required steps in support of the IP part of the litigation. The support of technical advisors and IP attorneys to the litigation lawyer can make a huge difference in how the legal team chooses to present the case, and can effectively shift the balance in favor of the subject party in a court of law.
FlashPoint IP, a leader among intellectual property firms, with its staff of technical advisors and patent & trademark attorneys, provides first-rate litigation support by acting on behalf of the clients as the liaison with lead counsel in litigation proceedings, by providing support services such as consultancy, legal opinions, expert opinion and testimony, and IP valuation. We further assist our clients in negotiating settlements with the other party by effectively protecting the clients’ assets through strong and well-drafted agreements, making sure that the terms align with the clients’ interests. In order to discuss the specifics of your needs, contact us for a free initial consultation.