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Law Offices of Jason P. Dollard

1 case appearance — 1 as plaintiff counsel · 0 as defendant counsel.

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Further reading

Octane Fitness v. ICON Health & Fitness (2014)
Octane Fitness rejected the rigid Brooks Furniture test and restored district-court discretion over fee awards. Together with its companion Highmark, it gave defendants the most realistic post-trial recovery path the modern patent system has produced.
District court vs. PTAB: where to fight a patent challenge
Every defendant who actually fights a patent ends up choosing — sometimes implicitly — between district court invalidity, PTAB IPR, or both in parallel. The trade-offs are not symmetric; the choice often determines the case.
What is a patent?
A patent is a deal between an inventor and the government — a 20-year monopoly in exchange for public disclosure. Most patents that get litigated would not survive serious scrutiny.
What to do if you get a patent demand letter
A patent demand letter is a request for money, not a court order. The plaintiff's leverage is your fear; preparation removes it.
How to obtain a patent
The USPTO process takes 2-3 years and costs $10,000-$15,000. The patent that comes out the other end is only as valuable as your willingness to spend much more enforcing it.