Our work

PATENT PREPARATION AND PROSECUTION

Plumsea represents clients in a wide variety of technologies. Plumsea has prepared original patent applications and successfully prosecuted those applications to allowance in technical fields ranging from consumer products to most advanced wireless and navigation technologies.

After preparing and filing the patent application, Plumsea has maintained an unparalleled level of success in representing clients before the U.S. Patent and Trademark Office to secure allowance of those patent applications. Plumsea is often retained by companies to intervene in difficult cases to provide a new and creative approach.

Many patent firms experienced a noticeable decline in their allowance rates after the landmark KSR International Co. v. Teleflex Inc decision by the U.S. Supreme Court. In KSR, the Supreme Court redefined obviousness and made it more difficult for patent owners to secure allowance of their inventions. However, Plumsea’s allowance rate was unchanged both before and after the KSR decision with Plumsea continuing to prosecute nearly all our applications to allowance and issue.

 
Plumsea has particular expertise in the following areas of technology:

 

Allowance Rate

PlumseaAVG

Litigation

Patent litigation cases can be some of the most complex, difficult and costly disputes in our court system. Plumsea specializes in taking the complexity and cost out of patent litigation. After conducting a thorough investigation, we don’t waste time on issues, theories or facts that won’t be presented at trial or needed for appeal. Early in the case, we begin by developing an overarching theory of the case. Plumsea lawyers can then efficiently distill technically complex inventions and the complicated rules of patent law into a compelling story that judges and juries find easy to understand.

We are dedicated to excellent information design and we use our design abilities to create cutting edge and engaging trial exhibits, graphics and animations. We prepare these materials specifically for lay judges and juries, who often do not have technical backgrounds, to facilitate their understanding of the complicated technical and legal issues often presented in a patent case.

We have creative fee arrangements that minimize our client’s cost and risk, while maximizing the value of their intellectual property assets. For example, we represent patent owners on contingency, where our clients only pay our fees if we are successful at trial or negotiating a favorable settlement. We also offer a capped fee patent defense program. This program is designed to give our clients a solution to Patent Assertion Entities (PAE, sometimes referred to as “patent trolls”). Our clients are only responsible for a low capped fee for all of our defense work even if the case goes to trial and appeal. Some patent trolls employ a strategy of slowly draining accused infringers by dragging cases out and constantly filing nuisance motions that require a response. Our capped fee program solves this problem for our clients because we respond to all motions, and our clients are only responsible for a low a capped fee through trial.

We have particular expertise in post-grant proceedings before the Patent Office and coordinating these activities with District Court litigation. In many cases, post-grant actions at the Patent Office like reexamination, reissue and Inter Parties Review can be strategically beneficial. We understand the peculiarities of all post-grant actions at the Patent Office and the role they can play in effectively serving our client’s interests throughout the dispute.

We represent both patent owners and defendants in courts throughout the United States.

Counseling

Plumsea has been retained by clients to render independent legal opinions regarding patent validity, infringement and freedom to operate. Many times, in anticipation of litigation, Plumsea supports clients and litigation counsel in exploring all possible options in resolving disputes quickly and cost effectively.  Clients also seek Plumsea’s advice on a variety of IP transactions, including the acquisition of companies and their patent portfolios, licensing negotiations, technology agreements, joint development agreements and other matters to commercialize and exploit patents.

Design Patents

Design patents can be valuable tools in the intellectual property portfolio and Plumsea’s attorneys provide expert advice and counsel in all phases of design patent prosecution, counseling, and enforcement.  Plumsea helps clients take strategic advantage of the design patent and registration systems throughout the world through partnerships with informed foreign counsel.

Intellectual Property Licensing

Plumsea represents both licensors and licensees in granting or receiving technology rights. Plumsea has counseled a variety of clients in all stages of growth, from Fortune 100 companies, small to medium companies, start-ups, venture capital firms, research institutions and companies based overseas. For some clients, Plumsea has developed licensing programs and provided counsel in establishing inbound and outbound licensing policies.

Plumsea has expertise in renegotiating and reforming existing licenses. During the course of a technology agreement, facts and circumstances can change, and unexpected events can occur. Plumsea has assisted companies in managing these changes by renegotiating technology agreements to reflect these new realities. In one particularly significant case, Plumsea was retained by a Fortune 100 U.S. corporation to renegotiate the original patent license for one of their foundational technologies. Through the course of the negotiation, Plumsea was able to narrow the class of products covered by the license and reduce the term of the license by several years. The renegotiated license saved the client tens of millions of dollars in royalties.