Choosing the best patent infringement lawyer involves finding a list of lawyers in your area qualified in patent infringement, checking those lawyers qualifications, and interviewing the attorneys to determine who is best able to represent you. You should consider the specific experience the person has in defending or bringing patent infringement cases. It is also important to understand how much your lawyer will charge and what the fee structure will be.
A patent infringement lawyer must prove your case in a court of law in order for you to win, in most cases. While many patent infringement cases do settle out of court, the lawyer still must be a litigator and able to file motions and other legal documents with the court. Patents in the United States are granted on a federal level, so patent infringement cases are handled in federal court and you must determine whether the patent infringement lawyer you hire has experience working in a federal court.
To find a list of qualified patent infringement attorneys in your area, contact the American Bar Association (ABA) for referrals. The ABA is a professional organization of lawyers that has branches in all 50 states. It can provide you with a list of local members who are in good standing, which will mean those lawyers have successfully passed the bar, been licensed to practice law, and have not been subject to severe disciplinary or misconduct proceedings. You can also explore law journals, legal publications and professional societies in your area to determine which attorneys are active in patent infringement law and to assemble a list of expert lawyers.
After you have a list of qualified patent infringement lawyers in your area, speak to them to find out about their educational background and specific experience. Many law firms that hire patent infringement attorneys require that the attorneys have a science or engineering background. Finding out whether the patent infringement lawyer you are considering hiring has such a background can be useful since your attorney will have to understand the specific patent you have and explain that to the court. If the patent is for a drug or a technology or scientific product, this may involve understanding technical terms and technical concepts.
You can also ask your patent infringement lawyer how many years of experience he has in defending or bringing patent infringement cases. Find out what his success rate is and ask for references from past satisfied clients. If the references and other information seem acceptable, you can then determine whether you are comfortable with the lawyer and feel he would make a good advocate in court.