Patent
Patent Practice
HKW lawyers have represented major and growing companies in a wide variety of patent-related litigation in several states including Arizona, California, Delaware, Florida, Georgia, Massachusetts, Minnesota, Michigan, New York, Pennsylvania, South Carolina, Texas and Virginia. The firm’s patent litigation expertise ranges from patents relating to advances in biochemistry, in software, even windsurfing jump ramps. In addition to the patent litigation practice, the firm also counsels clients on patent strategies and licensing.
We are often able to counsel clients about the state of the art, and whether there is infringement present in the marketplace. HKW lawyers have diverse technical backgrounds and experiences, including mechanical and computer arts. Our ability to understand our clients’ technologies, and investigate emerging technologies in various industries allows us to counsel a wide variety of patent owners about how to transform their patent portfolios into income-producing assets.
Our patent services have included patent investigations, opinions of patentability, opinions of infringement/non-infringement, participation in patent interferences, prior art searching, and clearance opinions.
Who Listens to Our Patent Counsel
Our patent clientele for patent investigation, litigation and licensing includes some of the most technologically advanced companies in the world, including GE Medical Systems, Comverse, Ltd., Eclipsys Corporation and Paradyne Corporation. Our lawyers have been asked to speak at seminars on patent litigation both in the United States and abroad.
Many of our lawyers have a background in patent infringement defense litigation for major U.S. companies. However, several years ago, the lawyers of HKW parlayed the defense expertise into a successful plaintiff’s practice, including the representation of patent owners on an hourly basis in some cases, and on a contingency basis in other cases.
We Level the Playing Field for Inventors
Unlike most patent firms, HKW is prepared to provide quality representation to inventors and small companies that own quality patents in circumstances where we believe there is ongoing patent infringement. HKW is willing to consider in an appropriate case providing these services on a mixed or contingency fee basis so that its clients can afford to take on companies that are substantially larger, thereby leveling the playing field and giving them every chance of success.
Our successful representation of plaintiffs in patent litigation has earned HKW the reputation as one of the very few “go to” firms for plaintiff’s contingency fee-based patent enforcement activities in the U.S.
Active Litigation to Achieve Market Penetration
In June of 2005, HKW lawyers obtained a favorable claim construction for Paradyne on four Paradyne patents in a patent case against a rival business, thus paving the way to a successful settlement and resolution of the case.
In February of 2003, a federal court rendered a decision construing claims of a patent owned by Allcare Health Management System, Inc. such that the Allcare patent reads on various systems in common use by health care insurance companies. Thanks in part to that decision, Allcare has nearly thirty paying licensees.
In September of 2002, HKW lawyers were mentioned by name on National Public Radio, as well as in Dow Jones and AP New Reports, for filing a patent infringement suit on behalf of a small Delaware company, Arrival Star, Inc., against fourteen defendants, including travel industry leaders such as Sabre, American Airlines, Delta Airlines, American Express and Travelocity. HKW lawyers have obtained numerous litigation settlements for Arrival Star.
In 2002, HKW undertook the representation of an individual inventor who was attempting to enforce certain of his patents in the field of automotive electronics and telematics. Industry leaders such as Ford and Daimler Chrysler are now included among licensees.
Our success in the representation of patent owners has resulted in the payment of millions of dollars to HKW clients annually.
