Patent Infringement Claims Attorney In Austin, Texas

Patents have become increasingly valuable assets in today’s economy. Yet, when a third party infringes upon your patent, they essentially deprive you of the right to profit from your hard work.

The patent infringement attorneys of Dunham LLP have extensive experience enforcing the patent rights of owners, companies and individuals. As part of our representation, we will evaluate your patent claims and develop a case strategy to obtain the available financial remedies, including reasonable royalties and lost profits, and the injunctive relief provided by law. We will commit our knowledge and resources to help stop infringement of your patent and work toward obtaining a remedy for you.

The Services We Have To Offer

Our patent litigation experience includes representing parties in the following industries:

• Semiconductors
• Software
• Medical devices
• Wireless
• Computer peripherals
• Sports equipment
• Gaming
• Recreational products
• Fashion and more

Attorney David E. Dunham is AV Preeminent* peer-review rated, the highest rating, through Martindale-Hubbell. Patent owners turn to us for our representation.

The Patent Litigation Process In Texas

Understanding the steps involved in a Texas patent lawsuit can help patent owners make informed decisions. While every case is unique, most follow a similar path through the federal court system:

Pre-litigation assessment

Before filing a lawsuit, a patent attorney will:

• Review the patent’s validity and scope
• Evaluate the accused product or process for infringement
• Estimate potential damages based on lost profits or reasonable royalties
• Consider licensing talks or demand letters to resolve the issue early

These steps help build a strong foundation for litigation or potential settlement.

Filing the complaint

If informal resolution fails, the patent owner may file a complaint in federal court. This legal filing must:

• Identify the parties, jurisdiction and venue
• Set out the facts of the alleged infringement
• Assert the legal basis for the claims

Properly drafting the complaint ensures the case begins on firm legal ground.

Defendant’s response

After service of the complaint, the defendant may:

• File an answer and raise defenses
• Assert counterclaims, such as alleging the patent is invalid
• Request dismissal or a change of venue

This stage determines the defendant’s position and shapes the issues to be litigated.

Initial disclosures and case management

Early in the process, both sides must:

• Exchange key documents and case information
• Attend a case management conference (CMC) to set a schedule for the case

This phase ensures both parties understand the scope of the case and its timeline.

Disclosure of contentions

Both parties outline their core legal positions:

• The patent owner submits infringement contentions and supporting documents
• The defendant serves invalidity contentions, citing prior art and technical arguments

These contentions help define the legal and technical disputes for the court.

Discovery phase

During discovery, both sides gather detailed information:

• Exchange technical documents and financial records
• Take depositions of witnesses and experts
• Submit expert reports and written questions

This evidence is essential to proving or defending against infringement and damages claims.

Claim construction (Markman) hearing

A key stage in any patent case is the Markman hearing, where:

• The court determines the meaning of disputed patent terms
• Both sides present evidence and legal arguments

The court’s claim interpretations will heavily influence the outcome of the case.

Pretrial motions and settlement discussions

As trial approaches, the parties may:

• File motions for summary judgment or to exclude certain evidence
• Engage in settlement negotiations or mediation

These efforts may resolve the case or narrow the issues before trial.

Trial

If the case goes to trial:

• A jury typically decides whether the defendant infringed the patent
• The jury also determines the amount of damages, if any

The trial outcome often hinges on expert testimony, evidence and the jury’s understanding of technical issues.

Post-trial motions and appeals

After trial, the losing party may:

• File motions to challenge the verdict
• Appeal to the U.S. Court of Appeals for the Federal Circuit

This final stage may extend the litigation, but can also lead to an important precedent.

Patent litigation is complex and requires careful legal guidance at each stage. Our attorneys at Dunham LLP are experienced in navigating this process and representing clients through every phase.

Get The Representation You Need

Depending on the case, we frequently offer our clients creative fee arrangements that are different from the high hourly rates of big law firms, including contingency fee arrangements. When you need a patent infringement attorney, reach out to us online or by calling 512-764-3986 to discuss your case.