When it comes to intellectual property disputes, the stakes are high. A poorly handled patent case can cost a company millions of dollars, stifle innovation, or even push a company into bankruptcy. Yet, time and time again, businesses and inventors make the critical mistake of hiring the wrong patent litigator—only to “mess around and find out” the hard way.
The Case That Proves the Point
Take, for example, the recent case of Huang v. Amazon, where Xiaohua Huang, a pro se litigant, attempted to enforce his patents against Amazon. Huang’s case was dismissed because the lawsuit he filed lacked the required specificity, failed to identify particular infringing products, and contained vague, conclusory allegations. The court ultimately dismissed his case, citing his persistent failures to address these issues.

Why Patent Litigation Is a Different Beast
Patent law isn’t like other areas of litigation. It’s a highly specialized field that requires deep technical knowledge, knowledge about the structure of patent claims, familiarity with the U.S. Patent and Trademark Office (USPTO), and experience navigating the complexities of the Patent Trial and Appeal Board (PTAB) and federal courts. Simply put, not every litigator is cut out for patent battles. Hiring a generalist or a firm that lacks patent trial experience is like bringing a knife to a gunfight—you’re setting yourself up for failure.
How to Avoid Costly Mistakes
If you’re facing a patent dispute, here’s how to make sure you don’t end up in the “find out” phase of this equation:
- Vet Your Lawyer’s Experience: Don’t just assume a firm handles patent litigation—ask about their track record, trial wins, and experience in your specific industry.
- Look for Technical Expertise: Patent cases often hinge on technical details. Your legal team should have attorneys with science or engineering backgrounds who can understand and articulate complex inventions.
- Check Their Litigation Strategy: A strong patent litigator knows when to settle, when to fight, and how to craft arguments that hold up under scrutiny.
- Ask For References: Learn from others’ mistakes (or successes) by speaking with former litigation clients and their experiences with the firm.
Protect Yourself
Don’t let a bad decision cost you everything. If you’re facing a patent dispute, you need a law firm with the experience, technical know-how, and litigation skills to protect your intellectual property and maximize your chances of success. Contact us today for a free consultation.
Recent Comments