Patent Litigation and IP

McClanahan • Myers • Espey has an intellectual property litigation practice based on the prosecution or defense of claims for patent infringement and and copyright disputes. We have also litigated related business torts, such as unfair competition and trademark infringement. In intellectual property cases, the firm provides the same nationwide trial experience that it has in other commercial litigation matters.

When representing clients facing a patent dispute or seeking to enforce their intellectual property rights, we often work under contingent fee agreements. This enables our clients to pursue cases they might otherwise be unable to afford. Even for clients able to afford intellectual property litigation, contingent fee agreements create an opportunity to spread the risks of litigation and also to compensate counsel for the results obtained rather than the hours worked. Whether the client is pursuing claims arising from a single patent or a large portfolio of patents, and whether pursuing a single infringing defendant or engaging in a comprehensive licensing and litigation program against multiple defendants, we bring the talents and resources necessary to achieve success for our clients.

Lawyers at MME also strive to provide efficient and effective defenses for clients accused of violating intellectual property rights. We are often able to structure creative fee arrangements that emphasize risk-sharing and efficiency on the defense side as well, offering clients the option to negotiate non-standard billing arrangements such as reverse contingent fees or flat rate fees. Given the significant costs of intellectual property litigation, the combination of the firm’s litigation experience and creative fee arrangements provides clients an opportunity to optimize their legal representation.

In some patent cases, clients have selected us to complement their existing patent counsel. Our attorneys have a long history of joint representations with intellectual property attorneys.

Some of our firm’s representative cases involving Patent and IP disputes include:

  • Kinetic Concepts, Inc., et al. v. Bluesky Medical Corporation, et al; Civil Action No. SA-03-CA-0832-RF; In the United States District Court for the Western District of Texas, San Antonio Division.
  • Alexsam, Inc. v. Datastream Card Services, Ltd. et al.; Civil Action No. 2:03-CV-00337-TJW; In the United States District Court for the Eastern District of Texas, Marshall Division.
  • Imonex Services, Inc. v. W.H. Münsprüfer Dietmar G.m.b.H.; Civil Action No. 2:01-CV174-TJW; In the United States District Court for the Eastern District of Texas, Marshall Division.

Contacting  Us:

There is no charge at McClanahan Myers Espey  for preliminary discussions about your case.  For further information about our Patent & IP practice, please contact either:

Information about our intellectual property practice.

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