Patent Litigation

A focused team at your side

Whether defendant or plaintiff, you want an intellectual property (IP) litigation team focused on the best outcome possible for your case and your goals. When your company is faced with an IP dispute, the stakes can be staggering—literally millions or hundreds of millions of dollars can be on the line. A loss may even put an end to your business. When faced with such potential risks, you need a litigation team with deep knowledge of both the technology or science at hand and the law. You need seasoned litigators who bring a multifaceted and strategic approach to the dispute, together with a thorough understanding of your business.

At The Rapacke Law Group, we understand that “victory” comes through many channels and in many forms. We are fully prepared and qualified to litigate through trial and appeal. Our ability to obtain successful results in claim construction hearings, summary judgment proceedings, contested patent proceedings, arbitrations, and settlement negotiations means we often resolve cases long before trial and at considerable savings to clients. Simply stated, a successful litigation outcome is one that meets your business goals in the most cost-efficient manner possible.

PRE-TRIAL STRATEGY

A full exploration of effective alternatives

When you retain The Rapacke Law Group, our entire firm becomes part of your team. All of our expertise, our reputation, and our experience—both legal and technical—are brought to bear in deciding how to approach your case. We begin with frank and honest conversations, timely and judicious discovery, careful analysis of the potential risks and rewards, and a mapping of the strengths and weaknesses of your position. We listen carefully to better understand your business objectives, your options, your risk tolerance, and your ultimate goals. We then develop a team approach and strategy that best meets your needs.

We understand that the realities of litigation can be daunting, but we work with clients to find enterprising solutions that are both cost-effective and case-effective. Historically, fewer than four percent of district court patent cases ever go to trial. Thus, while we litigate with a potential trial or appeal in mind, our vision is to resolve each case successfully as soon and as economically as possible. This may mean pursuing litigation alternatives, such as licensing, mediation, or arbitration, or a companion proceeding before another court or administrative agency, such as the USPTO or ITC. Or you may decide that settlement is the best resolution.

DISTRICT COURT LITIGATION

Strong cases built on complete comprehension

When cases involve highly technical issues in a complex legal field, it is essential that your lawyers understand the subject matter of the dispute. The Rapacke Law Group assists businesses in virtually all industries and technologies. This deep understanding of the technology allows us to build and present arguments that are logical, understandable, accurate, and persuasive.

We have the experience and expertise to select and prepare witnesses who provide accurate and credible testimony. Our international network of resources, combined with our technical backgrounds, enables us to identify and retain the world’s leading technical experts. Our lawyers’ training and diverse backgrounds allow them to persuasively present and cross-examine trial witnesses, particularly on complex technical issues. We have long-standing relationships with top jury consultants and graphical experts to ensure that your case is presented in the best light. When beneficial, we conduct mock trials to gauge likely outcomes and develop the most effective themes of your case.

APPEALS

Insight that can make all the difference

The factors that distinguish The Rapacke Law Group as highly specialized in the area of patent litigation are numerous. We are widely known for the quality of our briefs and oral arguments. We have a comprehensive understanding of the technology and the law, and this allows us to quickly identify the one or two arguments that hold the most promise to persuade. Our knowledge helps us craft concise and powerful arguments. In addition, we are highly experienced at preserving issues for appeal during the post-trial motion period. Our meticulous attention to detail and knowledge of science and the law also help us come up to speed quickly on cases where we did not serve as trial counsel.

SETTLEMENT

Coming together to avoid uncertainty

When circumstances warrant, we are adept at crafting settlements before, during, and after trial. Historically, some of our most significant achievements for clients have been attained through tactics that allowed them to meet their business and financial goals without the risks attendant to having a jury, judge, arbitration panel, administrative board, or appellate panel decide their future.

Our experience is that a good settlement can often result in advantageous business solutions. We can bring magistrates, mediators, and arbitrators to the table to help craft win-win scenarios. When settlement becomes an option close to or during trial, our deep bench of talent provides us with additional experienced lawyers to address settlement strategies, while allowing the litigation team to remain focused on the trial.