Adversarial Patent Prosecution℠ Emerging Battlegrounds
Patent enforcement strategy typically begins after patents are issued when it’s most costly to implement. At Kilpatrick Townsend, we begin our patent litigation strategies in the patent prosecution phase whenever an opponent is identified. To help clients build and maintain a viable patent portfolio, our attorneys provide strong offensive prosecution techniques that create durable client patents, as well as challenge competitive patents before issuance to undermine an opponent’s litigation aspirations. When pursued in concert, these highly-developed techniques assure client advantage by using cutting-edge strategies grounded in empirical analyses that target competitors’ products or pending applications and undermine anticipated licensing and litigation positions. Our team uses techniques, such as copycat claims, third-party submissions, targeted continuations, derivative proceedings, and foreign protests to force advantage or avoid patent litigation and license approaches. When a competitor’s patent is allowed, we strategically use post-grant administrative challenges, while designing around claims to bolster non-infringement positioning for litigation.
dedicated IP attorneys
attorneys and patent agents registered before the USPTO
Chambers Global & Chambers USA
Managing Intellectual Property
U.S. News Best Lawyers
Insights View All
Primary Contacts View All
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.