Patent Litigation in San Jose, CA

Did you know that the unauthorized use of your patented product, design, or process can cause the infringer, whether an individual or a manufacturer, to be held financially liable? Heimlich Law PC, located in Silicon Valley, has dealt with these situations before.

We help corporations, universities, companies, and inventors who have suffered patent infringement and financial harm to assert their interests and rights

Likewise, if you or your company has been accused of infringing, we can assist by analyzing to see if the patent owner is overstating what their patent claims cover and if they have falsely accused you

If you or your company are involved in a patent infringement lawsuit, we can assist you. At Heimlich Law, PC, our patent experts have the experience as well as the technical skills required to protect your legal and financial interests

Call our patent litigation attorneys in San Jose today to discuss your patent infringement case

What is Patent Litigation?

Patent litigation is a legal procedure that involves resolving disputes related to patents. It often arises when one party believes that another party has infringed upon its patented invention, design, or process. It’s a complex legal procedure designed to protect the rights of inventors and patent holders. Patent litigation is the exclusive domain of the Federal Courts and so any lawsuit will be in Federal court.

Patent litigation serves as a safeguard for individuals, startups, small businesses, and large corporations to protect their innovative techniques, products, and/or technologies. Whether you are a solo inventor, a growing startup, or a well-established corporation, patent attorneys can assist in the preservation of your intellectual property rights and address any infringements with due diligence and investigation.

Your Trustworthy Patent Litigation Attorney

Welcome to Heimlich Law, your trusted partner for patent litigation in San Jose, CA. Our experienced team of patent litigation attorneys is dedicated to providing comprehensive legal solutions for clients facing intellectual property challenges.

We understand the intricacies of patent litigation. With a focus on protecting your intellectual property, our dedicated team of patent litigation attorneys brings over 20 years of experience to the table. We specialize in providing tailored solutions for solo inventors, startups, and large corporations alike.

Our Patent Litigation Process

Navigating the complex terrain of patent litigation demands a meticulous and strategic approach. We’ve developed a comprehensive process to guide you through every step, ensuring the protection of your intellectual property rights
Our journey begins with a detailed consultation. We prioritize understanding the nuances of your case, your patent, and the potential infringements involved. This initial discussion lays the foundation for a personalized and effective legal strategy.
A crucial phase involves a thorough analysis of your patent and any potential infringements. Our experienced team delves deep into the technical and legal aspects, leaving no stone unturned. This diligent examination allows us to build a strong foundation for your case.
Crafting a robust legal strategy is paramount. Tailored to your specific situation, our legal experts leverage their extensive experience to design an approach that maximizes the chances of a favorable outcome. This strategy serves as a roadmap for the entire litigation process.
Initiating legal proceedings is a decisive step in protecting your intellectual property rights. With Heimlich Law by your side, you can trust that the filing process will be executed with precision and in adherence to the legal requirements, setting the stage for a compelling case.
Depending on the circumstances and the nature of the case, we adeptly navigate the path of negotiation or trial. Our team excels in both arenas, employing effective communication and negotiation skills to explore amicable resolutions. Should the need arise, we are fully prepared to take your case to trial, advocating for your rights in the courtroom.
A favorable court decision is just the beginning. Heimlich Law ensures that these decisions are not only obtained but also enforced. We take proactive measures to implement court rulings, securing an effective resolution that upholds and safeguards your intellectual property rights.

In choosing Heimlich Law for your patent litigation needs, you’re not just gaining legal representation; you’re partnering with a team dedicated to navigating the intricacies of patent law with precision and expertise.

Trust us to protect your innovations through a process that is as thorough as it is strategic.

Have a Question?

Patent Litigation Strategies To Avoid Financial Liability

If an analysis determines that your product, in fact, looks to read on the asserted patent claims, there are a variety of defenses that can void any financial liability.
Our patent lawyers in San Jose have experience using the above strategies, among others, to deny claims of patent infringement for our clients.

Tips To Choose the Best Patent Litigation Attorneys

If this is your first time dealing with a patent infringement case, we recommend finding the best counsel in order to keep your company from going bankrupt as a result of the lawsuit. 

Here are important factors to consider when choosing patent litigation counsel.


When choosing a patent litigation counsel, ensure you retain a lawyer with adequate experience. When it comes to patent infringement cases, which is considered the sport of kings because of the expenses, ensure that you select a lawyer with the following types of experience.

Patent Trial Experience

If possible choose a counsel that is not only a patent litigator but also a patent attorney. This is because a patent litigator has conducted federal court trials before juries and judges in court cases and a patent attorney can understand the claims and effectively cross examine witnesses and especially experts.

Appellate Experience

Ensure that your counsel also has enough experience in patent cases. If the patent attorney representing you has never handled any patent appeal, they may make serious mistakes in preserving various issues for appeal.

If your patent infringement case goes to trial, then chances are high that the case may be appealed. Therefore, get a patent counsel with appellate experience so that they can know which issues to preserve for the appeal.

Degree in Science or Engineering

Due to the scientific nature of a patent, you are more likely to win the case if your patent counsel has a degree in engineering or science. They will be able to understand the finer technical points of the patent and know how to steer the case to your advantage.

Registered Patent Attorney

When dealing with a patent infringement case, don’t hire just any attorney. Make certain that your patent counsel is a Registered Patent Attorney and has been admitted to both the State Bar and the United States Patent and Trademark Office (passed the Patent Bar).

Cost Effectiveness

Since patent litigation tends to be expensive, ensure that you work with a patent attorney who charges you reasonable fees. The best way to know whether your patent counsel is overcharging you is to check their online reviews and references. If their former clients are complaining about the high fees, then find another cost-friendly patent attorney.


Unfortunately, there are attorneys who do not inform their clients of the progress of the case. Make sure that you are working with a patent attorney who updates you on every progress of the case and explains everything to you in plain, understandable language instead of patent law jargon that leaves you confused.

Transparent and Objective

When dealing with a patent infringement case, work with a patent counsel who tells you the good, the bad, and the ugly truth about your case. In case new facts emerge that threaten the original strategy of the case, your lawyer needs to be truthful and let you know whether to lower your expectations with the case.

Why Choose Our Patent Litigation Lawyer

Choosing Heimlich Law as your patent litigation lawyer comes with several advantages:

Are you ready to work with a lawyer who understands patent law, has patent trial experience, has the technical knowledge, and knows the best strategies to help you win against a patent infringement lawsuit?

Call Heimlich Law, PC in San Jose today to speak to a patent counsel.

We are located in San Jose, CA

Heimlich Law is conveniently located in San Jose, CA, serving clients in the heart of Silicon Valley.

Contact Patent Litigators Today

If you are facing intellectual property challenges or need assistance in patent litigation, don’t hesitate to reach out to our experienced patent litigators at Heimlich Law. 

Contact us today for a low-cost consultation, and let us protect your innovative ideas and inventions. Your intellectual property is our priority.

+1 (408) 253-3860

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