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Patent Litigation

Kercsmar & Feltus is one of the largest intellectual property law firms in Arizona, according to the Phoenix Business Journal. In fact, over the last four years, Kercsmar & Feltus attorneys have filed the third-most patent infringement cases in federal court in the District of Arizona. We have extensive experience defending and prosecuting trademark, copyright, trade secret and unfair competition disputes in federal district courts, the United States International Trade Commission and the United States Court of Appeals for the Federal Circuit.

The firm’s excellence in intellectual property practice has been recognized over and over. For 2018, US New & World Report ranked Kercsmar & Feltus as a first tier firm in intellectual property litigation. Founding Member Geoffrey Kercsmar was honored as Best Lawyers’ “2018 Scottsdale Litigation – Intellectual Property Lawyer of the Year.” The “Lawyer of the Year” Award is allocated annually to the lawyer who has the highest overall peer-review feedback in a certain practice area for a particular geographic region. Kercsmar & Feltus's Intellectual Property Practice Leader, Greg Collins, ranks as one of only twelve Arizona attorneys rated as a "Southwest Super Lawyer" in field of Intellectual Property Litigation. Partner Sean O’Hara has been identified as a “Rising Star” in this practice area by the same organization. Many of the firm’s other attorneys also have substantial intellectual property litigation experience. 

Our intellectual property advice begins with a candid assessment of the strength and weaknesses of our client's position. From there, we assist our clients in obtaining realistic, cost-efficient results so that they can move forward with their business objectives. Because all of our lawyers have extensive and substantial experience in jury trials, we can offer solutions to clients based on aggressive representation, rather than theoretical musings or impractical possiblities.

Our patent litigators have enforced patent portfolios in district courts throughout the United States and successfully defended judgments obtained in those matters in front of the Federal Circuit Court of Appeals. We also routinely defend clients from patent infringement claims, bringing declaratory judgment actions in federal district court and assisting in inter-party review proceedings in the USPTO. We have also defended and prosecuted International Trade Commission proceedings.

Patent litigation is among the most complex and expensive form of business disputes that our clients experience. Litigation of a patent case requires not only knowledge of the patent laws and an understanding of the substantive technical issues embraced by the patent, but also the skill to manage large and complex commercial litigation that is often absent from intellectual property boutique firms. That complexity also requires sensitivity to client needs and budgeting that larger firms regularly ignore.

Our patent litigators regularly co-counsel with transactional patent attorneys to assist their clients when such expertise is necessary. We are experienced in presenting complex technical matters to juries using state-of-the-art litigation strategies and techniques in patent trials. But our litigators provide realistic, commonsense advice to our clients, which allow them to evaluate their disputes and to chart a course beyond the current litigation.

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