Waddey & Patterson, P.C.
THE WADDEY & PATTERSON DIFFERENCE
We have successfully represented hundreds of clients in patent infringement cases, both in and out of court. We are committed to developing a deep understanding of your business and technology, because that knowledge is fundamental to providing effective patent litigation services as patent litigation is merely an extension of your business plan.
We are a mid-sized firm able to handle large matters, yet not too large to give attention to your needs and the uniqueness of each IP matter. In short, we have the "intellectual critical mass" your I.P. protection requires.
We understand that patent litigation requires a deep understand of patent prosecution and technology issues. That is why the patent litigation team on a case also includes someone with skill and training in the underlying technology and in patent prosecution issues. While most firms segregate their prosecution and litigation teams, we integrate them.
While large firms have checklists that are used in every matter because they cannot otherwise effectively manage their attorneys, we understand that each IP matter is unique thereby allowing us to address each IP matter individually which leads to a better result and lower cost.
We have remarkably low turnover where the best legal minds can stay for an entire career. Chances are that the attorney at the beginning of a project will see it through to the end. We do not rely upon the economic model of leveraging associates. We also do not have the overhead inherent with firms in larger markets. Therefore, we can provide you with senior attorneys at rates charged by junior associates at larger firms. We do not need to resort to over-staffing your case in order to bolster our fees.
Because of our size and fee structure, even our senior attorneys can take a more aggressive role in investigation. In many cases, we are able to find invalidating prior art that an attorney either without our understanding of the technology, our understanding of the case, or our experience in this these cases would not find.
Bottom Line: Our legal team has the unique combination of practical experience and value-driven legal performance it takes to move your ideas forward.
CASE STUDY :: HOW W&P ADDS VALUE
A client recently retained us to resolve a dispute with a major Fortune 500 company that was in fact a customer of the client. The dispute resulted from the customer having filed and obtained a patent on a system invented by our client and disclosed to the customer. The client assumed that litigation would be necessary.
Upon reviewing the facts and concluding that the client had a strong case, we contacted their customer, openly presented the facts to the customer's patent counsel, and convinced the customer to cooperate in the filing of certificate of correction papers to correct the inventorship, thus achieving joint ownership of the patent for our client without litigation. Litigation would have most likely placed a significant cloud upon the patent's validity and would have strained the relationship with the customer, both of which were avoided by the approach we took.
In another case, a former collaboration partner of our client obtained a patent on technology our client believed had been derived from our client, after the client's former patent counsel had determined the technology was not patentable; we designed and prosecuted an application and request for interference proceeding. The interference was initiated, which led to a settlement in favor of our client.
We represented a small technology company in a patent infringement case brought by one of its small competitors represented by a firm from a larger market. In addition to charging the client less than half of what their competitor was spending, we were able to establish one of the first Federal Circuit opinions that distinguished the written description requirement from the enablement requirement.
We became involved in a patent case during discovery because of not only complex technical issues but equally difficult strategic problems. One of the many problems that we were able to solve dealt with the inventor of the patented invention. He had been fired by the client corporation who owned the patent, had publicly threatened suit against our client, been involved in attempt to oust the Board of Directors, was a brilliant physicist and suffered from certain emotional issues which made his deposition a potential disaster.
We advised the client that our resources in fact discovery should be heavily weighted towards preparing our inventor. As a result of five separate preparation sessions each of which was videotaped and followed by intensive discussion, the inventor deposed over the course of two days by highly competent defense counsel created no difficulties for the plaintiff's case which settled less than a month later.
We represented a sporting goods company in a patent infringement case brought by one of its competitors represented by counsel from a larger market. In addition to charging the client less than half of what their competitor was spending, we were able to establish one of the first Federal Circuit opinions on vitiation.
AVAILABLE SERVICES
- Infringement litigation
- Appeals of disputed matters in the patent office and federal courts
- Patent re-issue and re-examination proceedings
- Patent protests
- Validity analysis, infringement analysis and opinions
- Freedom to operate opinion
- ITC proceedings
- Generic drug proceedings
Litigation, ultimately, is about risk.
A key component is the risk of the cost to achieve whatever result is desirable. Some firms take every deposition, seek every document and ask every interrogatory. The Waddey & Patterson legal team knows which depositions, documents and interrogatories to focus on. The extensive courtroom experience of the W&P trial team gives you an edge; knowing how the end game will be played makes for better early decision-making.
Dispute resolution requires expertise, experience & resources. The ability to successfully litigate patent property rights is the key to an effective intellectual property program; the value of such rights is limited if they cannot be enforced. The attorneys at Waddey & Patterson have a strong, proven track record in litigated matters that has ultimately increased the value of the intellectual property assets of its clients.
Cost control is also a key element in successful enforcement. Waddey & Patterson works with its clients to budget prudently for protection of their intellectual property rights and the efficient staffing of litigated matters. In contested cases, the return on investment for the prepared client has demonstrated the quality of legal services is not measured by how much is spent; but rather, by what is accomplished with that budget.
In addition to representing clients in litigation, the attorneys at Waddey & Patterson serve as expert witnesses on patent law, technology and damages.Members of the firm represent clients in alternate dispute resolution proceedings, including mediation and arbitration. Mr. Waddey also serves, and is certified, as a mediator under Rule 31 of the Tennessee Rules of Civil Procedure. | 
