Patent litigation in district court

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1. 1PTAB vs. District Court: Where to Challenge a Patent’s ValidityPTAB vs. district court for patent invalidity: standard of proof, grounds, timing, cost, estoppel, discretionary denial and appeal, as of 2026.

More guides

• Markman Hearing Explained: How Judges Construe Patent Claims, and What Satius v. Samsung Shows

  What happens at a Markman hearing, how judges construe patent claims under Markman, Phillips and Teva, and what Satius v. Samsung (Fed. Cir. 2026) shows.

• Patent Damages: Reasonable Royalties, Lost Profits and the Georgia-Pacific Factors

  Patent damages under 35 U.S.C. § 284: the Georgia-Pacific factors, Panduit lost profits, apportionment, enhanced damages, the six-year limit, marking and fees.

• Patent Infringement Under 35 U.S.C. § 271: Direct, Induced and Contributory

  35 U.S.C. § 271 subsection by subsection: direct infringement (a), inducement (b), contributory (c), ANDA filings (e), cross-border (f) and (g), defenses.

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