LEAVITT & ELDREDGE
844-728-3680

Practice Area

Intellectual Property Litigation

Litigation is a negotiation with a clock and a judge.

The Practice


An overview of litigation.

Most intellectual-property litigation settles. The question is on what terms, and when. The firm's litigation practice handles patent and trademark infringement, trade-secret misappropriation, and licensing disputes, and works each matter toward the resolution that fits the client's actual objective.

Scope of Work


The work the firm performs.

01.

Patent infringement

Plaintiff and defendant work in the Eastern, Northern, and Western Districts of Texas, and selected other forums. Includes Markman hearings, IPR, and trial.

02.

Trademark infringement

Federal Lanham Act and Texas common-law claims. Preliminary injunctions where appropriate.

03.

Trade-secret misappropriation

DTSA and Texas UTSA claims. Emergency injunctive relief and seizure remedies where warranted.

04.

Licensing disputes

Royalty audits, scope-of-grant disputes, termination litigation.

05.

Pre-suit posture

Demand letters, mediated negotiations, and settlement structures that close the matter without the cost and exposure of suit.

Primary Authorities


The statutes that govern.

A selection of the federal and Texas authorities that govern this practice. The firm's work is grounded in primary law, not paraphrase.

  • 28 U.S.C. § 1338Federal patent jurisdiction
  • 28 U.S.C. § 1400(b)Patent venue (TC Heartland)
  • 15 U.S.C. § 1114Lanham Act trademark infringement
  • 35 U.S.C. § 311Inter partes review

Common Questions


Asked on first calls.

01.How much does patent litigation cost?

It varies dramatically by stage and forum. A case that settles before claim construction can run six figures; a case that goes through trial in the Eastern District of Texas can run seven to eight figures. We evaluate for resolution efficiency at every stage.

02.What is an IPR?

Inter partes review is a USPTO-administered proceeding to challenge the validity of a granted patent. Faster and cheaper than challenging validity in court, and frequently used by accused infringers as a parallel track to defend infringement litigation.

03.Will my case go to trial?

Less than five percent of IP cases reach trial. Most settle, and many resolve at summary judgment. We litigate to position the case for resolution; trial is one of several exit ramps.

Ready to discuss your litigation matter?