Services Patent Litigation

Kean Miller’s patent litigation team combines vast technical acumen and courtroom experience to protect valuable innovations for our clients. We provide strategic guidance to publicly traded companies and major manufacturers in all phases of patent litigation and across a variety of industries, including chemical, pharmaceutical, nutritional supplement, software, medical device, and mechanical devices. We pursue competitors who infringe on patents, defend alleged wrongdoings, and respond to various trolling claims. We align proven legal strategies with our clients’ business goals to safeguard their intellectual property assets and strengthen their marketplace position.

Members of our patent litigation team have appeared in significant cases as counsel for both plaintiffs and defendants in courts across the nation in preliminary injunction hearings, claim construction hearings, summary judgment hearings, and jury trials, including serving as first chair. We also represent clients before the U.S. Patent and Trademark Office (USPTO) and Patent Trial and Appeal Board (PTAB) and have an in-depth understanding of their protocols, procedures, and inclinations.  Our team has a proven record of trying cases for clients and achieving favorable outcomes.

Representative Experience

• Representation of a Fortune 500 major oilfield services company against claims of patent infringement, misappropriation of trade secrets, and other related claims. Through our motion practice, the court dismissed several claims, including for patent infringement. We successfully challenged several over-reaching discovery attempts by the plaintiff and obtained a favorable settlement for the client.
• Representation of an oilfield services company in patent infringement lawsuit filed by competitor. Successfully demonstrated lack of infringement to satisfaction of plaintiff and threatened counterclaims and invalidation of patent, leading to dismissal of suit prior to deadline to file first responsive pleadings.
• Representation of a product distributor in defense of a design patent infringement claim filed with the U.S. International Trade Commission (USITC) and the U.S. District Court for the District of Colorado. The USITC case was dismissed upon the discovery of evidence of invalidity.
• Representation of a fitness equipment manufacturer in patent litigation involving bicycle training equipment in the United States District Court for the Northern District of Georgia.
• Representation of a pet grooming tool manufacturer in defending two patents related to pet grooming tools in the United States District Court for the Eastern District of Missouri. The case settled on favorable terms.
• Representation of a patent holder in an infringement action related to patents that involve abbreviated dialing code technology in the United States District Court for the Northern District of California. Case settled on favorable terms.
• Representation of a health care products company in a claim for alleged infringement of a patent related to carbon dioxide absorbers for use with anesthesia machines. The court granted summary judgment of non-infringement.
• Representation of a concrete shaving company in defense of a patent infringement action filed in the United States District Court for the Eastern District of Missouri. The case settled after successfully obtaining reexamination of the asserted patent.
• Representation of an electronic stock exchange in defense of a patent infringement action originally filed in the United States District Court for the Eastern District of Texas. Obtained a mandamus petition to have the case transferred to the Southern District of New York, prevailed on the claim construction arguments, and won a summary judgment ruling of non-infringement. The Federal Circuit affirmed the judgment.
• Representation of a nutritional supplement company in defense of a declaratory judgment action involving allegations of patent and trademark infringement related to three patents. Obtained a favorable claim construction ruling following Markman briefing, and case settled on favorable terms.
• Representation of a natural resources extraction, environmental restoration, and industrial application company in defense of a $31 million breach of contract claim brought by its distributor involving a technology license agreement related to patented disinfectant product for hospital use.
• Representation of a patent holder in an infringement action involving the patent technology related to a variable speed controller for an electric motor in the U.S. District Court for the Eastern District of Missouri. The case settled on favorable terms following a claim construction hearing.