Patent Litigation

MCG attorneys in Salt Lake City have extensive experience in patent litigation, defending and pursuing claims for infringement, contributory infringement, and indirect infringement, in federal courts across the country and on appeal before the United States Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board (the “PTAB”).

Like other types of complex litigation, patent litigation requires the ability to manage complex claims and issues through the pleading, discovery, and trial phases. However, MCG has the additional skills and expertise necessary for patent litigation, including an understanding of the nuances of patent prosecution and file-wrapper history, the capability to understand technical details, while make complex issues understandable to a lay jury.

MCG attorneys are familiar with the patent-specific doctrines of inventorship, obviousness and nonobviousness, novelty, utility or usefulness, and invalidity based upon inequitable conduct and patent misuse. MCG attorneys understand the importance of prior art in patent litigation, and are skilled at searching for new prior art, or examining afresh the prior art considered by the PTO in conjunction with the issuance of a patent.

MCG has the requisite expertise in patent claim construction, addressed through an often complex and critical evidentiary process termed a “Markman hearing.”

However, MCG attorney are not myopic, and understand that patent litigation is not always the only avenue for legal relief. Knowledgeable MCG patent counsel will consider not only a litigation strategy, but also whether collateral attacks on an opponent’s patent may achieve a favorable outcome for the client, including pursuit of Inter Partres Review (IPR), Ex Parte Reexamination, or Post-Grant Review (PGR).

For example, the firm is currently represents biotech, chemical, and agricultural companies in reexamination proceedings before the PTO, seeking to invalidate patents which are concurrently being litigated or have been litigated.

Like the firm’s general litigation practice, MCG has extensive experience pursuing and resisting requests for injunctive relief in patent cases. For example, as co-counsel for life sciences company Ambry Genetics, the leader of the MCG IP Group, Mr. Edgar Cataxinos successfully obtained a denial of Myriad Genetic’s attempt to block sales of Ambry cancer-testing products. The Ambry case was the first-in-the-nation test case after the 2013 Supreme Court ruling on gene patenting. The denial of the injunction was affirmed on appeal, and the case thereafter settled favorably.

MCG attorneys also regularly represent clients patent issues before the Federal Circuit Court of Appeals. As another example, Mr. Cataxinos successfully argued to the Federal Circuit for the reversal of a trial judge’s claim construction, and reversal of a jury verdict finding willful infringement by his client.