Adams Kennedy Law Firm
Locations

(505) 222-3145
901 Rio Grande Blvd. nw
Suite H262
Albuquerque, NM
87104

(619) 241-4810
550 West C Street,
Suite 2000
San Diego, CA 92101

Mission Statement

Provide clients with intellectual property law services based on extensive experience.  Primary services are litigation and counseling in patent-related matters.  Emphasis is on prompt attention to client problems, balanced counseling, reasonable fees, strategic support and assistance, and in litigation, aggressive representation. 
Cost-effective techniques have been developed for litigating complex matters against large opponents.  Through an extensive network of litigation and IP firms excellent litigation resources are available, when called for in large scale lawsuits.  Assistance is also available in all areas of IP including trademarks, copyrights, trade secrets, unfair competition and licensing.


Patent Litigation

            Paul spends approximately 80% of his time litigating patent infringement cases.  These cases typically involve a contingent-fee arrangement.  The cases are shared with other IP law firms or general trial practitioners.  Clients include individuals and small operating companies.  Typically, patents are placed into an entity owned by an inventor or company who enters into a legal representation agreement.  Personal participation of company executives and inventors is strongly encouraged.  Costs are borne by the company or a third party who takes an interest in the patent holding company.

            Initially, a complete strategy is worked out with the patent owner for maximizing revenue from the patents.  Ordinarily this begins with attempts to license the patent to companies that are currently infringing the patent or who are candidates for commercialization of the patents.  Where successful, Paul assists in negotiating, preparing documentation, and providing strategy and counseling.  In the event that the licensing approach does not succeed, a plan for litigation is prepared.

            Patent litigation is notoriously expensive.  Large firms like it that way.  As a litigator for small clients it is necessary to challenge the myth that it is inevitably expensive.  Experience makes the difference.  Only neophyte paleontologists turn over all of the rocks.  With all due respect to younger attorneys, every discovery issue is not critical to success at trial.  Calculated risks must be taken as to whether a jurisdiction fight, a pleading motion, or a third expert witness is likely to be case determinative.  A premium is placed on tough, knowledgeable, no-dithering decision making; that premium is reflected in a reduction of litigation costs.  There are many excellent patent litigators in large firms representing giant corporations; they must face a foe they respect or are taught to respect.  The courtroom floor is not perfectly flat but a lot of the tilt toward the big infringer can be leveled at trial.

            Paul is also available to represent the start-up or emerging company whose life is threatened by a large competitor.  Those suits are handled on a fee-for-services basis.  The company must have the cash flow or a source of money from committed financial backers.  The litigation strategy is often inextricable from the company strategic plan.  Settlement takes on a new imperative.  However, litigating the case can benefit from the cost principles outlined above.  

Patent litigation for the small client is risky, time-consuming and
will test the mettle of the most intrepid entrepreneur. 
You need the right attorney.


     

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901 Rio Grande Blvd. NW, Suite H262
(505) 222-3145