Patent Litigation
Strategic Enforcement and Defense of Patent Rights.
Our Patent Litigation Practice represents innovators, technology companies, and investors in high‑stakes patent disputes across industries and jurisdictions.
We combine deep technical understanding with seasoned trial and appellate experience to protect our clients’ intellectual property assets and defend against infringement claims that threaten business continuity, market position, and enterprise value.
Our patent litigators hold degrees in engineering, computer science, chemistry, and life sciences and have relevant industry experience in a wide variety of disciplines, enabling us to understand complex inventions and present them clearly to judges and juries. We are engaged at every stage of the patent litigation lifecycle—from pre‑suit investigation and strategic counseling through trial, appeal, and post‑judgment enforcement—with a focus on achieving efficient, business‑driven outcomes.
Comprehensive Patent Dispute Representation
Our attorneys regularly litigate complex patent matters in federal district courts, in administrative proceedings before the U.S. Patent and Trademark Office (USPTO) and the International Trade Commission (ITC), and before the U.S. Court of Appeals for the Federal Circuit. We handle disputes involving both U.S. and international patent portfolios and coordinate seamlessly with foreign counsel when global strategies are required.
Our patent litigation services include:
- Strategic patent infringement enforcement programs
- Patent infringement litigation and trials
- Defense against patent infringement allegations
- Declaratory judgment actions
- Trade secret litigation related to patented technology
- Preliminary and permanent injunctions
- Monetization strategies
- Post‑grant proceedings, including:
- Ex Parte Reexamination
- Inter Partes Review (IPR)
- Post‑Grant Review (PGR)
- International Trade Commission investigations
- Federal Circuit appeals
- Hatch‑Waxman and ANDA litigation
Trial‑Ready, Resolution‑Focused
While we evaluate opportunities for efficient resolution when appropriate, our attorneys have experience presenting patent disputes before judges, juries, and administrative bodies. We prepare matters thoroughly based on the circumstances of each case.
Integrated Litigation Strategy
Patent litigation is rarely just a legal dispute and instead represents a critical business event. We develop litigation strategies intended to align with each client’s business objectives, including enforcement efforts, resolution options, portfolio considerations, and risk‑related analysis.
Our team routinely advises clients on:
- Pre‑suit investigations and freedom‑to‑operate assessments
- Coordinated district court and Patent Trial and Appeal Board (PTAB) strategies
- Litigation risk management and portfolio monetization
- Settlement negotiations and licensing resolutions
- Defensive strategies against non‑practicing entities (NPEs)
- Litigation analytics and venue‑specific considerations
- Cross-border enforcement including International Trade Commission and Customs and Border Protection strategies
Our Patent Litigation attorneys work closely with other Nelson Mullins attorneys in:
- Patent Prosecution and Portfolio Management
- Intellectual Property Transactions and Licensing
- Trade Secrets and Unfair Competition
- Commercial Litigation
- Antitrust and Competition Law
- Corporate and M&A
- International Dispute Resolution
- Data and Privacy
This integrated approach enables us to provide seamless counsel across the full lifecycle of intellectual property assets.
Industry and Technology Focus
We litigate patents covering a broad range of technologies and industries, including:
- Energy, manufacturing, and advanced materials
- Oil and Gas technologies
- Medical devices and biotechnology
- Consumer products
- Telecommunications and networking
- Semiconductors and electronics
- Software, SaaS, and artificial intelligence
- Financial technologies and business methods
- Pharmaceuticals and life sciences
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Nelson Mullins’s patent litigation team has represented clients in high stakes patent infringement, unfair competition, deceptive trade practices, and other IP-related business tort cases in all relevant courts and administrative agencies in the United States, including U.S. District Courts around the country, Section 337 Investigations at the U.S. International Trade Commission, post-grant proceedings at the Patent Trial and Appeal Board of the USPTO, and at the U.S. Court of Appeals for the Federal Circuit. Below is a selected sampling of relevant matters and is provided for informational purposes only.
U.S. International Trade Commission (ITC) Litigation:
- ITC Case for Complainant for Patents Involving Consumer Products – represented international patentee in case where we secured a general exclusion order for client.
- ITC Case for Respondents for Patents Involving Consumer Products – represented multiple respondents in case in which we secured confidential settlement after summary determination motions.
- ITC Case for Respondents for Patents Involving Packaging – represented multiple respondents in case that triggered ITC’s first use of a Pilot Program regarding early evidentiary determination of domestic industry. Secured confidential settlement following domestic industry hearing.
- ITC Case for Respondents for Patents Involving Drug-Delivery Systems – represented respondent in case resulting in complainant withdrawing its complaint after successful domestic industry challenge.
District Court Patent Litigation:
- Patent litigation on behalf of Patent Owners and Defendants with co-pending ITC Investigations – represented clients in ITC-related co-pending district court litigation in Eastern, Southern, and Western Districts of Texas.
- Represented defendants in litigation involving multiple business torts and counterclaims of patent infringement through a jury trial that resulted in a $12.8 million jury verdict for client including findings of willful patent infringement against the original plaintiff / counterclaim-defendants. (D. Delaware)
- Patent litigation defense for oilfield services client– represented client accused of patent infringement in case involving oil & gas technology. The case was resolved by confidential settlement after winning a bench trial finding plaintiff’s patent unenforceable due to inequitable conduct. (S.D. Tex.)
- Represented complainant in a Section 337 patent infringement investigation of consumer products in the International Trade Commission to trial in which the patent was found valid and infringed. (ITC)
- Represented defendant in two patent infringement lawsuits involving EMV chip card technology and resolved case by confidential settlement after court’s finding of patent eligibility. (D. Colorado)
- Represented automotive-industry client in multiple patent infringement lawsuits and related USPTO post-grant proceedings securing multiple victories for the client. (E.D. Michigan & PTAB)
- Patent litigation defense for software client– represented client in matter involving software that includes digital data structures for storing identifying information and encrypted digital secrets that allows trustees to access the encrypted digital secrets upon verification of identifying information; the matter was dismissed in favor of client. (E.D. Tex.)
- Represented defendant in consumer product patent infringement litigation and obtained favorable settlement after claim construction hearing. (N.D. Cal.)
- Patent litigation defense matter involving menu, reservation, and ordering systems– represented client in patent infringement case related to online menu, reservation, and ordering systems. The case was resolved by confidential settlement. (E.D. Tex.)
- Patent litigation defense matter involving remote control drone technology–represented client in damages trial and related appeal. (W.D. Penn.)
- Patent litigation defense matter involving license plate recognition technology – represented defendants in this patent infringement case brought by a non-practicing entity and related to license plate recognition technology. The case was resolved by confidential settlement. (E.D. Tex.)
- Patent litigation defense matter for pharmaceutical client involving allegations of infringement– represented defendant client in this patent infringement case related to iron supplements. The case was resolved by confidential settlement. (W.D. Tex.)
- Represented plaintiff patent owner in consumer product patent infringement litigation that resulted in favorable settlement shortly after filing. (D. Mass.)
- Represented plaintiff patent owner in consumer product patent infringement litigation and secured default judgment. (D. Oregon)
- Patent litigation defense for healthcare industry client against non-practicing entity– represented defendant client in this patent infringement case brought by a non-practicing entity and related to patient treatment and monitoring methods. The case was resolved by confidential settlement. (E.D. Tex.)
Post Grant Proceedings Before the USPTO:
- Inter partes review during pendency of litigation – represented petitioners and patent owners in more than 50 inter partes review proceedings with favorable results for clients.
- Represented petitioner who challenged and invalided the majority of claims across multiple patents involving automotive-industry technology.
- Represented patent owner in successfully defending the validity of all claims of multiple patents involving consumer products.
Comprehensive Patent Dispute Representation
Our attorneys regularly litigate complex patent matters in federal district courts, in administrative proceedings before the U.S. Patent and Trademark Office (USPTO) and the International Trade Commission (ITC), and before the U.S. Court of Appeals for the Federal Circuit. We handle disputes involving both U.S. and international patent portfolios and coordinate seamlessly with foreign counsel when global strategies are required.
Our patent litigation services include:
- Strategic patent infringement enforcement programs
- Patent infringement litigation and trials
- Defense against patent infringement allegations
- Declaratory judgment actions
- Trade secret litigation related to patented technology
- Preliminary and permanent injunctions
- Monetization strategies
- Post‑grant proceedings, including:
- Ex Parte Reexamination
- Inter Partes Review (IPR)
- Post‑Grant Review (PGR)
- International Trade Commission investigations
- Federal Circuit appeals
- Hatch‑Waxman and ANDA litigation
Trial‑Ready, Resolution‑Focused
While we evaluate opportunities for efficient resolution when appropriate, our attorneys have experience presenting patent disputes before judges, juries, and administrative bodies. We prepare matters thoroughly based on the circumstances of each case.
Integrated Litigation Strategy
Patent litigation is rarely just a legal dispute and instead represents a critical business event. We develop litigation strategies intended to align with each client’s business objectives, including enforcement efforts, resolution options, portfolio considerations, and risk‑related analysis.
Our team routinely advises clients on:
- Pre‑suit investigations and freedom‑to‑operate assessments
- Coordinated district court and Patent Trial and Appeal Board (PTAB) strategies
- Litigation risk management and portfolio monetization
- Settlement negotiations and licensing resolutions
- Defensive strategies against non‑practicing entities (NPEs)
- Litigation analytics and venue‑specific considerations
- Cross-border enforcement including International Trade Commission and Customs and Border Protection strategies
Our Patent Litigation attorneys work closely with other Nelson Mullins attorneys in:
- Patent Prosecution and Portfolio Management
- Intellectual Property Transactions and Licensing
- Trade Secrets and Unfair Competition
- Commercial Litigation
- Antitrust and Competition Law
- Corporate and M&A
- International Dispute Resolution
- Data and Privacy
This integrated approach enables us to provide seamless counsel across the full lifecycle of intellectual property assets.
Industry and Technology Focus
We litigate patents covering a broad range of technologies and industries, including:
- Energy, manufacturing, and advanced materials
- Oil and Gas technologies
- Medical devices and biotechnology
- Consumer products
- Telecommunications and networking
- Semiconductors and electronics
- Software, SaaS, and artificial intelligence
- Financial technologies and business methods
- Pharmaceuticals and life sciences
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Nelson Mullins’s patent litigation team has represented clients in high stakes patent infringement, unfair competition, deceptive trade practices, and other IP-related business tort cases in all relevant courts and administrative agencies in the United States, including U.S. District Courts around the country, Section 337 Investigations at the U.S. International Trade Commission, post-grant proceedings at the Patent Trial and Appeal Board of the USPTO, and at the U.S. Court of Appeals for the Federal Circuit. Below is a selected sampling of relevant matters and is provided for informational purposes only.
U.S. International Trade Commission (ITC) Litigation:
- ITC Case for Complainant for Patents Involving Consumer Products – represented international patentee in case where we secured a general exclusion order for client.
- ITC Case for Respondents for Patents Involving Consumer Products – represented multiple respondents in case in which we secured confidential settlement after summary determination motions.
- ITC Case for Respondents for Patents Involving Packaging – represented multiple respondents in case that triggered ITC’s first use of a Pilot Program regarding early evidentiary determination of domestic industry. Secured confidential settlement following domestic industry hearing.
- ITC Case for Respondents for Patents Involving Drug-Delivery Systems – represented respondent in case resulting in complainant withdrawing its complaint after successful domestic industry challenge.
District Court Patent Litigation:
- Patent litigation on behalf of Patent Owners and Defendants with co-pending ITC Investigations – represented clients in ITC-related co-pending district court litigation in Eastern, Southern, and Western Districts of Texas.
- Represented defendants in litigation involving multiple business torts and counterclaims of patent infringement through a jury trial that resulted in a $12.8 million jury verdict for client including findings of willful patent infringement against the original plaintiff / counterclaim-defendants. (D. Delaware)
- Patent litigation defense for oilfield services client– represented client accused of patent infringement in case involving oil & gas technology. The case was resolved by confidential settlement after winning a bench trial finding plaintiff’s patent unenforceable due to inequitable conduct. (S.D. Tex.)
- Represented complainant in a Section 337 patent infringement investigation of consumer products in the International Trade Commission to trial in which the patent was found valid and infringed. (ITC)
- Represented defendant in two patent infringement lawsuits involving EMV chip card technology and resolved case by confidential settlement after court’s finding of patent eligibility. (D. Colorado)
- Represented automotive-industry client in multiple patent infringement lawsuits and related USPTO post-grant proceedings securing multiple victories for the client. (E.D. Michigan & PTAB)
- Patent litigation defense for software client– represented client in matter involving software that includes digital data structures for storing identifying information and encrypted digital secrets that allows trustees to access the encrypted digital secrets upon verification of identifying information; the matter was dismissed in favor of client. (E.D. Tex.)
- Represented defendant in consumer product patent infringement litigation and obtained favorable settlement after claim construction hearing. (N.D. Cal.)
- Patent litigation defense matter involving menu, reservation, and ordering systems– represented client in patent infringement case related to online menu, reservation, and ordering systems. The case was resolved by confidential settlement. (E.D. Tex.)
- Patent litigation defense matter involving remote control drone technology–represented client in damages trial and related appeal. (W.D. Penn.)
- Patent litigation defense matter involving license plate recognition technology – represented defendants in this patent infringement case brought by a non-practicing entity and related to license plate recognition technology. The case was resolved by confidential settlement. (E.D. Tex.)
- Patent litigation defense matter for pharmaceutical client involving allegations of infringement– represented defendant client in this patent infringement case related to iron supplements. The case was resolved by confidential settlement. (W.D. Tex.)
- Represented plaintiff patent owner in consumer product patent infringement litigation that resulted in favorable settlement shortly after filing. (D. Mass.)
- Represented plaintiff patent owner in consumer product patent infringement litigation and secured default judgment. (D. Oregon)
- Patent litigation defense for healthcare industry client against non-practicing entity– represented defendant client in this patent infringement case brought by a non-practicing entity and related to patient treatment and monitoring methods. The case was resolved by confidential settlement. (E.D. Tex.)
Post Grant Proceedings Before the USPTO:
- Inter partes review during pendency of litigation – represented petitioners and patent owners in more than 50 inter partes review proceedings with favorable results for clients.
- Represented petitioner who challenged and invalided the majority of claims across multiple patents involving automotive-industry technology.
- Represented patent owner in successfully defending the validity of all claims of multiple patents involving consumer products.
- Technically Strong, Trial-Ready: Advanced technical depth paired with proven first-chair trial experience.
- Full-Spectrum Patent Litigation: Strategy and advocacy from pre-suit through appeal—in court, at the PTAB, and before the ITC.
- Business-Aligned Approach: Litigation strategies built to protect market position and maximize IP value.
- Integrated IP Platform: Seamless collaboration across prosecution, licensing, trade secrets, antitrust, and corporate teams.
