Our Approach to Litigation
We understand the role that litigation plays in our clients' business goals and strategies -- whether that involves pursuing a client's competitor, monetizing a client's intellectual property or patent portfolio, or defending a client's products or practices against accusations of wrongdoing.
Our experience, attention to detail, and straightforward and no nonsense approach to advice allows our clients to make informed decisions when engaging in litigation.
Our experience in battle preparing for litigation and trial gives our clients confidence that they have retained the best team to guide them to reach their business goals.
We handle litigation efficiently and effectively.
And we know how to present your case to the judge and jury to give you the greatest opportunity for success.
Our intellectual property litigation practice includes patent, trademark, copyright and trade secret litigation.
Our general commercial litigation practice covers every type of business dispute, including contracts, fraud, unfair competition and false advertising, and antitrust.
We also have experience assisting clients in monetizing their patent portfolio, whether through licensing, selling, or, if necessary, litigation.
Patent Litigation and USPTO Proceedings
We handle patent litigation and associated USPTO proceedings particularly well.
Situated in Dallas, our offices are conveniently located near one of the busiest patent litigation dockets in the country - the Eastern District of Texas.
We have litigated dozens of patent lawsuits in the Eastern District of Texas.
We have also handled patent cases throughout the United States, including other popular patent litigation venues such as California, Delaware, new York, Virginia, Texas, Oklahoma, Louisiana, Colorado, Utah, Tennessee, and Nevada.
We represent both plaintiffs and defendants.
We understand litigation from both sides of the docket.
We represent both plaintiffs and defendants, and we are flexible to billing arrangements that fit your business needs, including traditional hourly fee structure, contingency and reverse contingency arrangements, flat, discounted or blended fees, and commitments to not-to-exceed budgets.
We are cost effective.
Whether representing a defendant or a plaintiff, we know how to resolve patent litigation in an efficient and cost-effective manner, whether through early settlement or trial.
Early in the case we identify the key issues that are outcome determinate, we think about the story we would present at trial, agree on a strategy with our client, then remain focused on the core issues.
We avoid overstaffing cases, choosing to have a single attorney handle specific tasks for which he or she is most suited whenever possible.
We avoid squabbling over insignificant procedural issues which do not materially advance the client's ability to achieve a successful resolution of the dispute.
We streamline the amount of discovery we take and attempt to negotiate reasonable limits on discovery that opposing counsel will take of the client (e.g. electronic discovery, document production and depositions).
We advise you on the right fit and quantity of necessary expert witnesses in order to reduce this potentially large litigation expense.
We conduct focused factual and legal research into infringement, invalidity and damages issues that enable us to present an effective defense and bring about a cost-effective resolution of the lawsuit.
Unfair Competition, Trademark, Copyright, and Other Intellectual Property and Commercial Litigation
In addition to patent litigation, the attorneys at Buether Joe & Carpenter have both prosecuted and defended numerous intellectual property and commercial lawsuits in Texas and in other venues across the country.
We have experience litigating all aspects of intellectual property, including unfair competition, trademarks, and copyrights.
The types of intellectual property we have litigated include the use of photographs and logos of our client's products in competitor's advertising and marketing, false comparisons made in competitor advertising, competitor use of confusingly similar product designs in violation of trade dress rights.
We have litigated copyright cases involving computer source code, the use of copyrighted photographs or other graphic designs.
Our general business and commercial litigation practice covers every type of business dispute, including contracts and agreements, fraud and misrepresentations, deceptive trade practices, partnership disputes, and antitrust.
Our attorneys have represented plaintiffs, including class action plaintiffs, and defendants in antitrust claims in both state and federal court.
Intellectual Property Monetization and Licensing
The attorneys at Buether Joe & Carpenter are experienced in monetizing intellectual property rights. We have represented both Fortune 500 companies who have asked us to enforce their patents against competitors as well as non-practicing entities who have sought to maximize the value of their patent portfolios.
We understand how intellectual property licensing fits within our clients' business objectives.
We have handled licensing on an hourly fee, fixed fee, and contingent fee bases, and we have partnered with investment groups and other licensing specialists to meet the business needs of our clients.
Focusing on the following areas:
Intellectual Property Litigation
Trade Dress and Unfair Competition
Inter Partes Reviews (IPR)
Covered Business Method Reviews (CBM)
Complex Business and Commercial Litigation
Breach of Contract
IP Monetization Strategy and Licensing
Real Estate Transactions
Computer Software, Hardware, and Data
Health and Medical
Industrial Hardware and Equipment
Internet and eCommerce
Oil and Gas