Candescent Law Group provides the following legal services:
Success at trial requires the ability to analyze complex legal and factual issues, identify the crux of a case, find creative solutions to challenging problems, and advocate the client's positions clearly and persuasively through written submissions, oral argument, and witness examination before a judge or jury. Candescent Law Group's unparalleled capabilities in these areas enable us to achieve the best possible outcomes for our clients at trial. We represent clients in trials before federal district courts and California state courts. We are familiar with the local procedural rules unique to patent cases in rocket docket jurisdictions such as the Eastern and Western Districts of Texas, the Eastern District of Virginia, and the Northern, Southern, and Central Districts of California. We co-counsel with other firms on patent litigation matters where we can contribute our technical knowledge and experience with patent law and procedure. We also co-counsel with criminal counsel when the conduct at issue in our clients' civil cases also gives rise to criminal charges. Additionally, we represent foreign companies who are involved in matters before United States courts, and we have extensive knowledge of the complex jurisdictional, procedural, and discovery issues that are of particular importance to them.
Planning for appeal from the outset of litigation is critically important in order to focus overall litigation strategy and preserve issues for appeal. This is especially true in patent cases where the law is rapidly evolving and reversal rates in appeals are high. Candescent Law Group represents clients in appeals to the Court of Appeals for the Federal Circuit (CAFC) from final judgments in patent cases before federal district courts, from final written decisions in inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO), and from final determinations of the United States International Trade Commission (ITC) in Section 337 investigations. We also represent clients before other federal and state courts of appeals. Additionally, we represent clients in appeals to the United States Supreme Court, where we are experienced with submitting and opposing petitions for writ of certiorari seeking review of decisions of the CAFC.
Section 337 investigations at the United States International Trade Commission (ITC) are a powerful tool for patent owners, enabling them to seek an exclusion order preventing the importation of infringing goods into the United States. Candescent Law Group represents complainants and respondents in all phases of Section 337 investigations, from pre-filing analysis and counseling through trial, enforcement, and appeal.
Post-grant proceedings before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) are popular and effective mechanisms for challenging the validity of issued patents. However, care must be taken in these proceedings since they involve arcane procedures and raise complex strategic issues. In particular, they are restricted in terms of who can initiate them, when they can be initiated, and what grounds of invalidity can be raised. Moreover, they give rise to estoppels that limit the invalidity arguments that can be raised in related proceedings before the USPTO, federal district court, and the International Trade Commission (ITC). Candescent Law Group is experienced with all aspects of trials before the PTAB. We represent both patent owners and respondents in inter partes review (IPR) and post-grant review (PGR) proceedings, and in subsequent appeals of final written decisions to the United States Court of Appeals for the Federal Circuit (CAFC).
Candescent Law Group prosecutes domestic and international patent applications in the electrical, mechanical, and software arts. We are experienced with obtaining patent protection for software and other computer-implemented inventions, as well as litigating the patent-eligibility of such claims in federal courts. Additionally, we have relationships with foreign patent counsel in important jurisdictions such as Europe and China who can assist our clients with prosecuting international applications once they enter the regional or national phase.
Candescent Law Group drafts and negotiates licenses, assignments, and other technology transactions for our clients, often in the context of avoiding or settling patent or trade secret litigation. We also represent clients in their dealings with defensive patent aggregators and other risk management service providers to help them mitigate the risk of future litigation or settle ongoing litigation, particularly in matters involving non-practicing entities.