Patent Litigation - Lucas & Mercanti, LLP

Patent Litigation

We regularly litigate cases involving medical devices, wireless devices, semiconductors, GPS devices, consumer electronics, nutritional supplements, pharmaceuticals, consumer goods, chemical products, food and beverage, computer software, e-commerce, pulp and paper, mining, and metallurgy.

Our experience includes successfully representing clients in:

  • Civil state and federal court actions
  • The Patent Trial and Appeal Board (“PTAB”) in patent interferences, ex parte and inter partes reexaminations and derivation proceedings
  • The International Trade Commission
  • Oppositions, invalidation trials and other matters in courts and in patent offices in the U.S., Europe, Japan, India and elsewhere with the help of local counsel

Below is a sampling of representative matters that reflect the breadth and diversity of our patent litigation capabilities:

  • We regularly defend generic pharmaceutical companies in Hatch-Waxman litigation. Most recently, we defended a client against infringement claims involving OxyContin® brand Oxycodone HCl extended release tablets.
  • Represented plaintiff in a design patent case. Defeated motion for summary judgment on non-infringement and obtained favorable settlement. Successfully opposed adversary’s petition for writ of certiorari to US Supreme Court.
  • Represented defendant in a consolidated patent infringement action on patents for nutritional supplements. Filed inter partes reexamination requests in US Patent and Trademark Office for two patents and obtained rulings of unpatentability by central reexamination unit and were affirmed by the Patent Trial and Appeal Board.
  • Represented defendant in a patent infringement action on fire door patent. Obtained ruling of non-infringement by summary judgment, resulting in dismissal of case without liability.