Patent Litigation Experience
I have extensive experience in all aspects of patent infringement litigation during the pretrial stages, from the earliest stages all the way through the eve of trial. I also have considerable experience drafting summary judgment, appellate, and Markman (claim construction) briefs in patent lawsuits and in arguing their merits in court hearings. Well over 95% of patent infringement lawsuits are resolved before trial, either on summary judgment or by settlement or dismissal, often shortly after the court’s claim construction ruling.
I can represent clients either singly, or – as I have frequently done in the past – as part of a team that includes an experienced courtroom litigator. Patent infringement lawsuits are massive undertakings, and in larger cases it is advisable to have two or three attorneys working simultaneously on the matter.
Representative cases:
Wasinger v. Levi Strauss Co., 106 Fed. Appx. 34 (Fed. Cir. June 8, 2004) (retained by plaintiff Wasinger after he lost summary judgment of non-infringement; I successfully briefed and orally argued case to the Federal Circuit, which reversed and remanded; the case was favorably settled after remand).
E-Watch v. March Networks, Civ. Action No. 9:06-cv-00025-RHC (E.D. Tex. 2006) (no published opinion) (retained by plaintiff E-Watch to guide team of lawyers through pre-trial process, including preliminary infringement contentions, claim construction and summary judgment briefs, Markman hearing, discovery requests, and depositions; case settled favorably shortly after Markman ruling).
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© 2007 Eric W. Cernyar.