Federal Court Litigation of IP

Infringers of patents can only be sued for damages and injunctions in Federal Court. Since the enactment of the America Invents Act of 2011, the early stages of patent litigation usually include a petition for Interpartes Review (IPR) at the PTAB in an attempt to invalidate the patent asserted against the accused infringer. The high cost of litigation is a big dissuasion from engaging in litigation against copy-cats. Trade Secrets and trademarks can also be enforced in Federal Court.