Pendulum Legal PC assesses the full circumstances and defenses that are available related to the making, using, offering to sell, or the selling of a patented invention without authority.
The scope of grounds or defenses for Literal Patent Infringement, disputes about patent Claim construction, and Patent Infringement under the Doctrine of Equivalents are assessed in articulate detail on behalf of clients. In this regard, Claim construction and Specifications of a patent undergo a detailed analysis with any relevant expert evidence of One of Ordinary Skill in the Art.
If disputed Claim terms of a patent are considered ambiguous and highly technical, the firm represents clients in Markman hearings in the United States District Court to assess the grounds to resolve the claimed ambiguity.
Pendulum Legal PC primarily appears in the United States Federal Circuit Courts on the trial and appellant levels. The firm does not appear before the United States Patent and Trademark Office (USPTO).
The firm considers the grounds where the federal district courts have inherent power to stay a patent infringement proceeding pending the conclusion of review proceedings before the USPTO.
The firm assesses the grounds for seeking Temporary Restraining Orders and Permanent Injunctions for claimed patent infringement, as well as Expediated Discovery.
Pendulum Legal PC provides advice in relation to notice requirements under the Patent Act of patented articles that are being made, sold, or imported, and the effects on the quantum of damages in a case of infringement where these notice requirements have not been met.
The firm assesses damages in patent infringement litigation, including the assessment of the scope of any grounds or defenses where a court may increase damages if a party is found to be liable of infringement and punitive or enhanced damages in the case of a willful or bad faith infringement.
Pendulum Legal PC drafts agreements and provides advice in relation to any agreement to assign patent rights and license patent rights; and advises successors in title to the patentee or patent owner.
The firm advises exclusive licensees who are virtual assignees and can, as a result, sue for patent infringement in their own names, and other exclusive licensees who can sue only as co-plaintiff with the patentee.
Patent reporting issues to the Food and Drug Administration (FDA) are also considered for clients that affect the duration of patent protection over a pharmaceutical drug and the generic distribution of that drug. Processes for Combination Patents of pharmaceuticals are also considered in depth for clients. Detailed advice is provided for the application of the Hatch-Waxman Act that is intended to simplify the regulatory hurdles for prospective generic drug manufacturers by eliminating the need to file lengthy and costly new drug applications.
From the case Mich & Mich TGR, Inc. v. Brazabra, Corp., 128 F. Supp. 3d 621. Mich & Mich TGR, Inc. (“plaintiff”) commenced an action alleging that defendant Brazabra, Corp. (“defendant” or “Brazabra”) infringed upon the plaintiff’s “Bra Strap Retainer,” U.S. Reissue Patent No. 43,766 by, inter alia, knowingly and willingly importing into the United States, selling, and causing to be sold, and offering for sale within this judicial district and elsewhere, retainers for brassiere straps that infringed upon the plaintiff’s patents without the plaintiff’s permission or authorization. The court found that the accused product did not infringe the patent-in-suit, either literally or under a theory of the doctrine of equivalents.
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