Patent Litigation


Why Choose Us

In the high-stakes world of patents, industry disputes involving business-critical technology are inevitable and can threaten the viability of your company. Whether you are the victim of patent infringement or the target of allegations concerning infringement, we have the experience to handle your most complex patent infringement lawsuits involving a wide variety of technologies and scientific processes. Using our diverse backgrounds in various technical disciplines, our team has a clear understanding of how to successfully and efficiently counsel you through these often complicated and sensitive disputes.

Our patent litigation team combines the strengths of the firm’s dynamic litigators with its deep bench of intellectual property attorneys who advise on all aspects of technology. As a result, we have developed a solid understanding of the technical and procedural nuances involved with resolving difficult patent matters. Embracing this shared expertise, we are adept at fiercely protecting your innovations and advancing your business interests.

“Their strengths are the amount of time they invest in getting a deep understanding of the issues and what is important to our business. I also appreciate the way they work together as a team, drawing on the strengths of the various attorneys as needed.”

– Client feedback from Chambers USA

Who We Assist

Our team assists a range of clients, from established global brands to up-and-coming entrepreneurs, including several leading domestic and international manufacturers of consumer goods; lawn, garden, and pest control products; forestry mulching equipment; medical devices and implants; and welding products. We also represent the nation’s largest fabric and craft retailer and a major American telecommunications company.

What We Do

Clients need advice from attorneys who know the intricacies of patent law and have proven themselves as first-rate trial counsel. Our combination of deep technical expertise and wide litigation experience offers our clients the best of both worlds and the best opportunity for success. We provide a comprehensive range of legal services, including but not limited to:

  • Developing customized patent enforcement plans to protect clients’ rights as patent owners, including sending cease-and-desist letters and seeking injunctions to prevent further infringement
  • Assisting clients in taking proactive steps to stay out of the courtroom and providing advice on whether to pursue patent litigation
  • Providing counsel to clients in patent litigation cases in federal courts, mediations, and arbitrations across the country
  • Managing all phases of the patent litigation process from investigations, pleadings, discovery, pre-trial, trial, settlement, and appeal
  • Representing clients in proceedings before the U.S. Patent & Trademark Office including reexamination proceedings involving complex technologies
  • Providing counsel to petitioners and patent owners in post-grant proceedings (e.g., inter partes review) before the Patent Trial and Appeal Board
  • Representing clients in disputes before the International Trade Commission including Section 337 investigations and cases to prevent the importation of infringing products
  • Defending alleged infringers against patent trolls or patent assertion entities who acquire patent rights in an attempt to collect licensing fees or profit from frivolous litigation

Ulmer Partner Rachael L. Rodman recently provided her professional perspective to Bloomberg Law in her article, “Reasonable Measures Under the DTSA.” In the article, Rodman examines the Defend Trade Secrets Act and the factors courts consider in evaluating sufficient reasonable measures to protect the secrecy of information, and also provides...

Ulmer & Berne LLP is pleased to announce the election of three partners to the firm, effective January 1, 2020. This class of new partners includes attorneys with backgrounds in diverse legal disciplines and who reflect Ulmer’s commitment to providing sophisticated advice and counsel. “We are happy to welcome Kristin,...

Ulmer & Berne LLP is pleased to announce that Partner Rachael L. Rodman was recently appointed as a member of the Intellectual Property Owners Association (IPO) Diversity & Inclusion Committee, which is dedicated to establishing organizational focus around and executing programs based on diversity and inclusion. As one of IPO’s Management and...

Ulmer & Berne LLP is pleased to announce that Partner Rachael L. Rodman was recently appointed as a Vice Chair of the Intellectual Property Owners Association (IPO) Women in IP Committee, which seeks to promote the advancement of women in IP law and to increase the diversity of IPO’s membership. As Vice...

Ulmer & Berne LLP is pleased to announce the election of four partners to the firm, effective January 1, 2019. This class of new partners includes accomplished attorneys from three of Ulmer’s offices who have diverse experience spanning multiple legal disciplines. “Through their hard work, determination, and dedication to providing...

Ulmer & Berne LLP is proud to expand its Columbus office with the addition of Partner Rachael L. Rodman. Rodman is an accomplished litigator who concentrates her practice in the area of IP litigation, and has experience representing clients in a variety of cases involving patent, trademark, copyright, and trade secret...

Ulmer is pleased to announce that two new associates have joined the firm’s Cleveland and Cincinnati offices. Gregory C. Djordjevic joins the firm’s Business Litigation Practice Group in Cleveland, and Elizabeth A. Conklin joins the Intellectual Property & Technology Practice Group in Cincinnati. Most recently an associate with Jones Day in...

Ulmer & Berne LLP is pleased to announce the promotion of Seth A. Voit to partner. Voit, a member of Ulmer’s Intellectual Property & Technology Group, is based in the firm’s Cincinnati office. “We are both excited and fortunate to welcome Seth into our partnership,” said Ulmer Managing Partner Scott...

Forty percent of all patent litigation cases are filed in the United States District Court for the Eastern District of Texas. This court has become famous (or infamous) for its liberal venue practices, accepting cases where neither plaintiff nor defendant conduct significant business. Moreover, the court is perceived by many as a...

Ulmer is ranked in 39 categories in the 2017 U.S. News – Best Lawyers “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 15 categories. Firms included in the 2017 “Best Law Firms” are...

“Michael Nathan Ungar | Ulmer & Berne LLP” Cleveland Jewish News January 15, 2015 Perennial Super Lawyer Michael Nathan Ungar considers settlement of a dispute embroiling Case Western University among his most memorable cases of 2014. Read the full article »

Ulmer & Berne LLP announces the addition of seasoned intellectual property attorney Paul M. Ulrich as a partner in the firm’s Intellectual Property (IP) & Technology practice. The practice has grown significantly throughout 2014, adding eight new members since January. Mr. Ulrich joins Ulmer & Berne’s Cincinnati office from Dinsmore...

Ulmer & Berne LLP has been ranked within the top 10 percent of all law firms by The BTI Consulting Group, one of the nation’s leading legal industry research firms, in their recently published 2015 BTI Litigation Outlook report. The firm was selected as a “Litigation Powerhouse” and is named...

Ulmer & Berne LLP is named to the BTI IP Honor Roll as described in the “BTI Intellectual Property Outlook 2015: Changes, Trends and Opportunities in IP & IP Litigation.” BTI Consulting is a leading provider of market research for professional service firms. The BTI IP Outlook 2015 combines a...

Ulmer & Berne LLP was named 2014 Ohio Firm of the Year by Benchmark Litigation at the second annual Benchmark Litigation US Awards held at the Essex Hotel in New York City on January 29, 2014. The US Benchmark Awards were based on a six-month research period involving extensive interviews...

Ulmer & Berne LLP announced a significant expansion to its Intellectual Property & Technology Practice with the addition of patent litigator John F. Bennett as counsel in the firm’s Cincinnati office. Mr. Bennett, who joins Ulmer & Berne from Baker & Hostetler, adds depth to the Intellectual Property & Technology...

Representative Experience

  • Represented a worldwide electronics design and manufacturing company against claims that its cell phone chargers infringe a U.S. patent.
  • Represented the nation’s largest fabric and craft retailer in defending against allegations of design patent infringement and utility patent infringement.
  • Represented a manufacturer that designs, manufactures, sells, and supports bi-fuel conversion technology for stationary and mobile diesel engines in patent infringement and breach of license agreement litigation.
  • Represented a manufacturer of medical devices against claims that its cardio monitoring devices infringe U.S. patents.
  • Represented a leading global manufacturer of welding products in connection with patent infringement claims.
  • Represented a U.S. chemical supplier of industrial solvents against claims that certain solvents infringe U.S. patents.
  • Represented a manufacturer of medical devices for use in treating dermatological conditions with respect to infringement of its patents.
  • Represented a provider of nationwide paging services in defending claims of patent infringement based upon the paging system infrastructure, both hardware and software.
  • Represented an equine care products business, both defending claims of infringement and asserting claims against infringers.
  • Represented a petitioner challenging the patentability of water-filtering technologies through petition for inter partes.
  • Represented an importer of printer ink cartridges accused of patent infringement in federal district court and in an International Trade Commission Section 337 investigation.
  • Successfully defended against preliminary injunction motion and prosecuted inter partes reexamination resulting in cancellation of all 134 claims of plaintiff’s patent-in-suit on behalf of accused infringer medical device manufacturer.
  • Represented the defendants in the early negotiation of a comprehensive multi-party license and settlement agreement in a cellular communications patent infringement case that resulted in a cost-effective resolution of the dispute.
  • Represented a major American machinery manufacturer in an investigation of acts of patent infringement that resulted in the preparation and filing of several ITC Section 337 complaints to exclude importation of plastic molding machines with infringing control systems.
  • Prevailed at summary judgment regarding design patent infringement claim and all pleaded defenses on behalf of owner of design patent.
  • Represented an accused infringer against patent claims related to computer forensics technologies.
  • Represented patent owner textile manufacturer in patent infringement case against competitor successfully rebutting each indefiniteness challenge at claim construction and achieving favorable settlement.
  • Represented an accused infringer in the largest multidistrict litigation in U.S. history against patent claims involving the portfolio of more than 50 patents relating to automated call distributors, interactive voice response products, computer telephone integration, and speech recognition.
  • Represented a patent owner against an accused infringer related to probiotic compositions.
  • Represented textile manufacturer in appeal to the Patent Trial and Appeal Board and post-appeal prosecution, successfully achieving significant issued patent.
  • Represented a patent owner against an accused infringer related to technologies for vehicle floor assemblies.
  • Represented a client in the defense of patent infringement litigation involving database technology.