Practical business solutions - Patent litigation

Jeffrey S. Batoff, Esq.
Chairman, Intellectual Property Litigation Group
215-665-3064

One Penn Center, 19th Floor
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1895
Phone (215) 665-3000
Fax (215) 665-3165


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If you've spent much time with patent litigators, then you know what many are like, detail oriented attorneys who are so focused on claim language and minute distinctions in the specification that they often lose sight of the big picture. They may know every case ever decided on claim construction and may even claim to understand how prosecution history estoppel affects a doctrine of equivalents argument, but when it comes to negotiation, to understanding the endgame, to being able to read an opponent and know what it takes to get them to the point where an advantageous settlement can be reached, they are lost in their own theories of the case and just can't see the big picture.

… All of the technical details
and arguments on claim
construction are only tools to
get you where you need to go …

That's where we're different. Our thoughts begin and end with your goals as the client. All of the technical details and arguments on claim construction are only tools to get you where you need to go. A Markman hearing is not just a forum to construe the terms in the patent but a critical juncture to position you for a quick victory through a summary judgment motion or a very advantageous settlement.

… Every case begins with us
with one question: What are
your business goals? …

Every case begins with us with one question: What are your business goals? If you have a patent and want to sue an infringer, do you practice your own art? Do you want to increase you market share by accessing the defendants' markets? If you are defending an infringement suit, could access to the patent you are accused of infringing help increase your market share over a competitor? Could it help you raise investor capital?

… we want to get to know
your business and know
where you want the
litigation to lead …

These are the types of questions we ask. What is the endgame? There is plenty of time to talk of prior art and claims construction. Of lost profits and reasonable royalties. But first, we want to get to know your business and know where you want the litigation to lead. Only then can we do what we do best. Get you where you want to be.