Practice Areas

Patent Litigation

San Francisco, California Patent Litigation Attorney

Companies or individuals who violate licensing agreements or manufacture goods according to an unauthorized use of a patented product or design, can be held financially liable for their actions. At the Fergus law office, Gary S. Fergus represents companies and individuals in litigation involving patent infringement.

Validity is always a question for the District Court

In many cases, patent infringement will depend on whether or not a patent is valid, whether a thorough investigation into the prior art has been conducted, and how similar a product or design is to an existing patent. In preparing for litigation, Mr. Fergus consults experts in engineering, telecommunications, computer software, and other fields when analyzing how a patent is described. In many cases, the issue of obviousness of design or concept is in dispute and must be evaluated within the context of what passes for state of the art.

Protecting economic strength often begins with protecting patents. If you believe a licensing agreement with another company has been violated or patented technology infringed upon, contact patent litigation lawyer Gary S. Fergus today.

Establishing Patent Infringement: Facing Challenges at Home and Abroad

Those charged with patent infringement often claim the following in order to avoid financial responsibility for their actions:

• The technology or process at issue is "obvious" or fails to meet the criteria for patentability and is invalid.
• The patent in question expired.
• Those accused of patent infringement claim to have a valid license to use the patent.
• The patent in question does not apply to the geographical locale where a product using the patent is being made.
• The infringer claims it is the patent holder who has infringed upon their rights under a licensing agreement.
• The manufacturer of a product claims they are not using patented technology or designs to produce their products.

Patent Infringement - Determining if You have a Case

Litigation involving patent infringement can be complicated and lengthy. However, ignoring patent infringement can jeopardize your business and financial security. As your attorney, Gary S. Fergus thoroughly reviews the merits of each case before determining whether or not substantial grounds exist that warrant taking legal action.

In some cases it may be possible to leverage a case through negotiation and the use of expert testimony in evaluating prior arts and similarity of design. Once a company realizes the evidence and facts do not stand in their favor, they are more likely to settle a case quickly rather than enter into lengthy, costly litigation.

Contact Patent Litigation Attorney Gary S. Fergus Today

If a vendor, subcontractor, or company has infringed on your patent rights, contact patent litigation attorney Gary S. Fergus today and schedule an appointment to discuss the legal options available to you for recovering damages and protecting your rights.

If you are involved in a legal matter that involves, or could involve, significant civil trial work, we invite you to contact us online or call (415) 537-9030. Fergus, A Law Office is based in San Francisco, California, representing clients throughout the metropolitan areas of Los Angeles and San Francisco, including the cities of Burbank, Pasadena, Riverside, San Jose, Cupertino, Sunnyvale, Mountain View, Palo Alto, Redwood City, San Mateo, Berkeley, and Sacramento.