Practice area
When a patent is infringed — or you are accused of infringing one — the fight happens in federal district court.
Ivan is admitted to practice before federal courts across the country, including the district courts of California, and handles patent enforcement and defense matters on a case-by-case basis. Every engagement begins with a $300 one-hour consultation and a written assessment before any commitment. Patent prosecution before the USPTO opens upon admission to the patent bar.
Federal jurisdiction
Patent claims belong exclusively to the federal district courts.
Enforcement
Infringement claims brought on behalf of patent owners.
Defense
Response and defense when you are the one accused.
Case by case
Matters accepted selectively, after a written assessment.
Where patent cases are heard
Patent infringement is a federal question, and state courts cannot hear it. A case is filed in a federal district court, and appeals in patent cases go to the U.S. Court of Appeals for the Federal Circuit rather than to the regional circuit.
Ivan is admitted to practice before federal courts across the country, including the district courts of California. Whether a particular matter is a fit is decided case by case, and the answer comes in writing.
Enforcement and defense
For a patent owner, the sequence usually runs from an assessment of the claims and the accused product, to a demand or licensing approach, to a complaint if that is warranted. Claim construction — what the words of the claims actually mean — then shapes nearly everything that follows, including damages.
For an accused party, the first job is to slow the panic and read the patent. Non-infringement and invalidity are both available in district court, and many demand letters are worth far less than the alarm they cause. Some are worth taking seriously immediately. Telling the two apart is the assessment.
How an engagement starts
Every patent matter begins with a $300 one-hour consultation and a written assessment before any commitment on either side. Patent litigation is expensive, and no honest fee conversation happens before the case is understood.
Patent prosecution before the USPTO — drafting and filing applications — opens upon admission to the patent bar and is not offered today. Trademark, copyright, and patent litigation services are available now.
Common questions
Patent litigation
Do you have to be on the USPTO patent bar to litigate a patent?
No. Patent cases in federal district court are handled by attorneys admitted to that court. Registration with the USPTO is what is required to prosecute applications before the agency, which is a different practice and opens later.
I received a letter saying I infringe a patent. What should I do?
Do not answer it on your own, and do not ignore it. Bring it to the consultation. The first task is understanding what the patent actually claims and what your exposure really is, before anyone commits to anything.
What does a patent case cost?
More than most other litigation, and no honest answer begins with a flat fee. Every matter starts with a $300 one-hour consultation and a written assessment, and fee arrangements are discussed only once the case is understood.
Related
Other areas of the practice
Talk it through with an attorney.
A one-hour consultation by video — $300, credited in full toward your flat fee if you move forward. You leave knowing what you need and what it costs.