NYC Patent Litigation Law Firm - Federal Lawyer
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NYC Patent Litigation Law Firm

New York City address – by appointment only:
30 Wall Street, 8th Floor
New York, NY 10005
John W. Sellers
Attorney John W. Sellers
New York City Patent Litigation Team Lead
Former DOJ Trial Attorney envelope icon Contact John
Nick Oberheiden
Attorney Nick Oberheiden
New York City Patent Litigation Team Lead envelope icon Contact Nick
Will Newman
Attorney Will Newman
New York City Patent Litigation Team Lead
Litigation Counsel
Roger Bach
Roger Bach
New York City Patent Litigation Team
Former Special Agent (DOJ)

A patent protects the intellectual property of an individual or entity. Many of these patents can help to prevent someone from reverse engineering a product and selling it on the open market. With a patent, the holder has the exclusive property right for a set amount of time, depending on the type of invention. Whether someone has infringed on your patent or misappropriated other intellectual property, reach out to the legal team at Oberheiden P.C.

Why Choose Oberheiden P.C. as Your Patent Litigation Law Firm

When you need a high level of legal experience in patent litigation, reach out to Oberheiden P.C. Our legal team has represented corporate and individual clients in these complex matters. All our attorneys are licensed to practice in federal courtrooms. Our law firm is devoted to representing business owners, executives, business entities, and others in these high-stakes legal cases. Over the years, we have resolved hundreds of issues before they have gone to trial. We take a proactive approach to all cases, seeking to control the litigation process. As a result, our clients will never be caught off guard in their cases.

When you choose Oberheiden P.C. for legal representation in a patent litigation case, you can trust that we will:

Take Immediate Action

Whether you have been accused of patent infringement or need to send a demand letter protecting your IP, we will take immediate steps to mitigate any legal risks to you or your company. Our legal team has years of experience handling these patent issues. We understand what must be done to protect your legal rights and assets.

Identify the Strengths and Weaknesses of the Case

If you want to be successful in the courtroom, your legal team must fully understand all aspects of your case, including its strengths and weaknesses. Our attorneys will work diligently to identify all the facts and evidence of the case. Once completed, these legal professionals can craft a solid strategy to help find a resolution in the case.

For those facing a patent infringement lawsuit, our attorney will take apart the critical points of the plaintiff’s case. They have the burden of proof and must provide sufficient evidence to validate their allegations.

We also work to defend our clients’ intellectual properties, including patents. We understand that these patents are a significant part of your business assets. If an employee or partner misuses the intellectual property, it may be time to take legal action. Our legal team will develop an effective strategy to prove your side of the case so that you can reach a suitable resolution.

Understand Your Priorities

In many cases, patent litigation involves working with sensitive information you do not want to release to the public. Our legal team will focus on your needs regarding the case. We can protect the confidentiality of the patent while concentrating on finding the most effective way to end the litigation. Our law firm will work with you to build a case strategy that centers around your priorities.

Pursue a Favorable Result

In any case, you want the results to be in your favor. With Oberheiden P.C., you have experience on your side. Our senior attorneys will secure the proper leverage to help negotiate a settlement on your terms. If you need to fight in court, we will work hard to represent you and reach a successful outcome at trial. Your success is our top priority in our law firm, and our team will work to protect you and your interests.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden



Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney


Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

What You Need To Know About Patents

The U.S. Patent and Trademark Office (USPTO) will grant a patent when an application for an invention meets specific statutory criteria. With a patent, the holder has the exclusive right to prevent others from manufacturing, selling, or using their patent. The federal government has specific rules and statutes that govern the use of patents.

You can apply for three types of patents: design, plant, and utility. The most common type is a utility patent. Usually, the protection can last up to 20 years from the filing date (35 U.S.C. § 154). After a change in the law in 2015, design patents are now valid for 15 years (35 U.S.C. § 173), and plant patents protect for up to 20 years.

The federal government will not enforce these patents. As a result, parties must take their claims to a civil court. If you believe someone has infringed upon your patent or you are facing accusations of patent infringement, reach out to the legal team at Oberheiden P.C.

What Are the Types of Patent Infringement?

When someone manufactures or uses the patent product without permission, the patent holder can pursue a civil case against that individual. The individual must pay for legal costs, attorney fees, and damages if any infringement claim is proven. More importantly, the court will issue an injunction against the infringing individual or company. As a result, the patent holder is protected from other patent infringements.

The federal court will assess the level of patent infringement by comparing the infringed product to the patented one. There are several types of patent infringement, they include:

  • Literal Infringement: There is a direct relationship between the patent and infringing product.
  • Contributory Infringement: A third-party supplies the infringing company or individual with a part that will be used to create an infringing product.
  • Willful Infringement: The company or individual intentionally disregards the holder’s patent. In many cases, this category will include a direct copy of the patent items, but it can also involve continued production after receiving an infringement notice.
  • Direct Infringement: An individual or company makes a patented product without permission from the holder.
  • Indirect Infringement: The individual or company helps a third party to create an infringing product.

A Patent Lawyer Answers Your Litigation Questions

How Long Do Patent Lawsuits Take?


The time frame of the case depends on several factors. Generally, it may take time to resolve the claim. Working with an experienced New York City patent litigation firm is one step in the right direction. Our legal team will actively work on your case so that you do not spend years tied up in court. We will help to find the most efficient way to get you a suitable result in any case involving patents and other intellectual property.

Is a Patent Considered Intellectual Property?


Yes, a patent is part of the category of intellectual property. A patent protects the inventive processes or ideas of the patent holder. When someone unjustly uses your patent, you could lose a valuable asset of your business. Along with patents, there are other types of intellectual property. A trademark protects phrases, words, symbols, sounds, color schemes, and smells. Many of these trademarks are assets that describe a specific company. Copyright does not protect a particular idea but the original works of authorship, such as written works, architectural drawings, art, music, and software programming. Finally, trade secrets are the last category of intellectual property. These secrets are the proprietary systems, procedures, formulas, devices, strategies, and information exclusive to that company. All these examples of intellectual property are protected under law, and you can bring any violations to civil court.

What Is the Doctrine of Equivalents?


In these cases, you may have heard the term “doctrine of equivalents.” It is a legal method for a patent owner to file an infringement claim. In some instances, the infringing product is not the same but has a few similar characteristics. With the doctrine of equivalents, the pattern holder can sue for infringement even if the product is not exactly the same as the patented item. With this doctrine, a company or person cannot make a small product change to avoid patent infringements.

The court will often examine whether the infringing product has the same purpose or function as the original product. The patent holder could succeed in their claims if there are similar equivalent properties. For a product to be “an equivalent,” it must meet the triple identity test, which requires the product or device performs:

  • Substantially the same function…
  • In substantially the same way…
  • To produce the same result.

If the product meets those criteria, it could infringe on a patent. While that is a basic overview of the doctrine of equivalents, reach out to our skilled patent litigation team to learn how it may apply to your case.

What Is the Patent Litigation Process Like?


In these cases, the patent holder must prove the defendant infringed upon their patent. The plaintiff will list specific actions to show there was an infringement of the patent. The plaintiff also needs to demonstrate the defendant knew certain activities would lead to infringement.

Like other types of civil cases, there is the discovery process to exchange evidence related to the claim, such as depositions, interrogatories, and other documents. After that, there are often pretrial motions to discuss any issues related to the upcoming trial. Usually, the judge will hold a Markman hearing to determine the specific terms of the patent in question. Finally, there is a trial, judgment, and appeal process. Once again, this is a general view of a typical patent litigation case. Talk to our attorneys to learn more about your particular legal case.

Reach Out To Oberheiden P.C. for Patent Litigation in New York City

You need a skilled legal team to represent your interests. Contact our patent litigation team at Oberheiden P.C. You can call us at 212-970-9468 or fill out the contact form to schedule a consultation.

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