Patent Litigation in Federal Court

Federal patent infringement claims and defense

Intellectual Property

<h2>Patent Litigation Overview</h2><p>Patent infringement cases are filed exclusively in federal district courts under 28 U.S.C. § 1338. These cases involve allegations that a defendant has made, used, sold, offered to sell, or imported a patented invention without authorization. Patent litigation is among the most complex and expensive types of federal litigation.</p><h2>Key Stages</h2><ul><li><strong>Claim construction (Markman hearing):</strong> Court interprets the scope of patent claims</li><li><strong>Discovery:</strong> Extensive document production, depositions, and expert reports</li><li><strong>Summary judgment:</strong> Motions on infringement, validity, and damages</li><li><strong>Trial:</strong> Jury or bench trial on remaining issues</li><li><strong>Appeal:</strong> Exclusive appellate jurisdiction in the Federal Circuit</li></ul>

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