The Polasek Law Firm (TPLF) is an intellectual property litigation law firm dedicated to providing exceptional legal service to companies and individuals. Its attorneys have 30 years of litigation experience, with over 25 years of experience in patent, trade secret, trademark, copyright, and other commercial litigation. The focus of the firm’s practice is on patent and trademark litigation. The firm is also experienced in trademark applications, technology licensing, providing opinions, and general IP counsel.
When you find yourself embroiled in a dispute involving Intellectual Property, you need patent lawyers and trademark lawyers that have experience in handling those types of disputes. Please contact TPLF. The initial consultation is at no charge.
TPLF strives to provide exceptional service to every client, on every matter. TPLF is experienced in engineering that allows the firm to effectively represent clients in numerous technology areas. TPLF has extensive experience in litigating cases in courts all over the United States for clients from all over the world. At TPLF, clients receive one-on-one attention from the firm.
The Polasek Law Firm recognizes that clients expect quality legal representation at a reasonable price. The firm provides its clients with affordable representation at hourly rates significantly lower than those charged by big firms, and for certain matters provides result-oriented fee arrangements, such as a contingent fee option.
TPLF has years of experience in enforcing patents through patent litigation and licensing for clients seeking hourly or contingent fee representation and defending companies accused of violating the intellectual property rights of others.
Ted has litigated patent infringement, trademark infringement, trade secret, copyright infringement, and other commercial disputes over the past 30 years. Ted has litigated many patent infringement cases on behalf of patent owners and companies accused of infringement. He has also successfully negotiated patent licenses covering patent portfolios of more than 100 patents.
Ted understands that clients seek counsel that works efficiently and provide high-quality representation.
Polasek Law Firm has decades of experience handling cases in intellectual property and patent litigation.
Polasek Law Firm is located in Bellaire, Texas which is part of the Houston metroplex area, and concentrate in the area of intellectual property law, with an emphasis on litigation and licensing, specifically dealing with patent infringement, trademark infringement, copyright infringement, and trade secret lawsuits on a reasonable hourly basis, contingency fee or result based fee.
TPLF is experienced in mediation, rendering infringement and validity opinions, licensing and technology transfer, and client counseling.
Patent Infringement: What to Do and How to Respond If You’ve Been Accused
Nov 16, 2025 | By Ted Polasek | Read Time: 4minutes
There were a total of approximately 3.1 million unexpired patents in the United States in 2020. With so many patents covering inventions of all kinds, well-meaning companies may find that they have accidentally and allegedly infringed upon someone’s patent rights. As with other types of intellectual property, patent infringement is serious business. You may have wondered what to do if accused of patent infringement. Below, our patent infringement lawyers go over what to do if you have been accused. If you have any questions, please contact the team at The Polasek Law Firm today. What is Patent Infringement? A patent gives its owners certain exclusionary rights. Title 35 of the United States Code, Section 271(a) provides that patent infringement occurs when someone makes, uses, sells, offers to sell a patented invention within the United States, or imports a patented invention into the United States. Whether the accused person knows about the patent is irrelevant to a finding of infringement; however, it may affect the amount of damages awarded. If the infringement is willful, the court may enhance the monetary award up to triple the damages awarded. Additionally, Section 271 provides other bases for infringement that may be applicable to your particular situation. Your patent attorney will be able to evaluate infringement claims being made under Section 271. What to Do If Accused of Patent Infringement The first notice that you may be infringing someone’s patent may be a cease-and-desist letter from the patent owner’s attorney. This letter will likely identify the patent(s) you are allegedly infringing and the basis for the infringement charge. If you receive one of these letters, take it seriously. Consult a patent attorney without delay. However, a patent owner is not required to send a cease and desist letter, so your first notice that you are being accused of patent infringement may be service of the Complaint, which is the paper filed in Federal Court that initiates a lawsuit. Again, your first step should be to consult a patent attorney that is knowledgeable in patent infringement litigation. In either event, below are additional steps to undertake: Hire a Patent Attorney Even if you have an in-house patent infringement attorney or engineering or scientific staff, it is unlikely they will be familiar with the nuances of patent law. A patent attorney will be, and they can assess the situation and give guidance on how to proceed. Gather Information Your attorney will likely ask you to start collecting information about the allegedly infringing product, and the patents listed in the demand letter or complaint. All this information is crucial to analyzing the strength of the infringement claim. Review the Patent Claims with Your Attorney Every patent contains claims that set forth the invention. Each claim is made up of several limitations that describe “the invention.” These claims are the “metes and bounds” of the patent owner’s exclusionary rights. In consultation with your attorney, review the claims in the patents. In general, infringement occurs only if your product or process meets all limitations of a particular independent patent claim. Your patent lawyer will guide you through the process of construing the claims and applying the claims to your accused product or process. A patent attorney’s expertise is crucial during this step. Develop a Plan to Handle the Case Once you have reviewed the situation, it’s time to come up with a plan to defend yourself. Your patent attorney will help you build a defensive strategy. Defend Your Business Against Patent Infringement If your company is accused of patent infringement, The Polasek Law Firm can help you develop a plan to defend your company. TPLF’s mission is to provide efficient, economically viable solutions to the issues facing clients. The Polasek Law Firm offers years of patent litigation experience at affordable hourly rates and flexible fee arrangements to meet your needs. In addition to patent litigation, the firm also handles related intellectual property matters, including copyright litigation, copyright disputes, and trademark matters. Contact the firm online today or call 832-485-3580 to schedule a free consultation. Our Proven Results in Complex Patent Litigation Whether enforcing a patent or defending against an accusation, The Polasek Law Firm brings decades of proven results across diverse technologies. Call us at today or send us an online message. The initial consultation is at no charge. Why Clients Choose Our Firm Visit Our Houston, Texas Office
Nov 15, 2025 | By Ted Polasek | Read Time: 4minutes
Having a patent gives you the right to prevent others from making, using, or selling your patented invention. If a company or individual does one of these things, the patent owner may have a cause of action for a patent infringement case — and in some situations, pursuing the matter through contingency-based patent infringement litigation may be an option for inventors looking for a results-oriented fee structure. If you believe someone has infringed on your patent or if you have been accused of patent infringement, reach out to an experienced patent litigation lawyer as soon as possible. Your lawyer can evaluate the claim and provide you with legal advice. The Polasek Law Firm can assist you. Polasek Law Firm has been advising clients on patent infringement issues for more than 25 years. Please give the firm a call at (832) 485-3580 or send an online message. The initial consultation is at no charge. We’ll review the different types of patent infringement with examples. What Is a Patent in the United States? The United States Patent and Trademark Office (USPTO) grants patents to inventions that are new, useful, non-obvious, and not excluded from patent eligibility under federal law. A utility patent typically lasts for 20 years from the filing of the application. What Are the Different Types of Patent Infringement? There are several types of patent infringement. Infringement can be direct or indirect, and it can be literal or under the doctrine of equivalents. Direct Infringement Direct infringement occurs when someone directly violates your patent rights. That is, they make, use, sell, offer to sell, or import your patented invention. Indirect Infringement Indirect infringement occurs when someone provides support for directly infringing activity. Indirect infringement can be through inducement or contributory infringement. Induced Infringement Induced infringement occurs when a party with knowledge of the patent encourages or influences someone else to commit acts of infringement. For example, the person might provide someone with instructions for creating the patented invention. Contributory Infringement A person commits contributory infringement when they supply components of a patented invention knowing that the components will be used to infringe a patent. For contributory infringement to exist, the component must have no substantial non-infringing uses. For example, if someone sold a product that would be useful only if combined into a patented product, that might be considered contributory infringement. Literal Infringement Literal infringement occurs when a device or process literally meets every limitation in a patent claim. If even one component is different, it cannot be considered literal infringement. Infringement Under the Doctrine of Equivalents If someone has not literally infringed a patent, there still may be infringement under the doctrine of equivalents. Equivalent infringement may occur when the corresponding pieces of the accused product or process are not substantially different from the corresponding limitation in the claim of the patent. You May Have a Case If: If any of these sound familiar, it’s time to speak with a patent attorney. What Is The Effect Of Willful Patent Infringement? In the case of willful infringement, a court can triple the amount of damages that it would normally award to a patent holder. Infringement is not literally willful if an infringer had a good faith belief that it was not violating the patent or that the patent was invalid. In that case, they may still be liable for infringement. What Types of Remedies Are Available for Patent Infringement? Remedies for patent infringement may include injunctive relief and damages. An injunction orders someone to stop their infringing actions. Money damages are typically awarded for these types of patent infringement under the patent laws, a patent owner is entitled to at least a reasonable royalty. Additionally, in certain instances, a patent owner may be able to recover lost profits from an infringer. Our Proven Results in Complex Patent Litigation Whether enforcing a patent or defending against an accusation, The Polasek Law Firm brings decades of proven results across diverse technologies. Call us at today or send us an online message. The initial consultation is at no charge. How Can The Polasek Law Firm Help You? John (Ted) Polasek has spent the past 25 years working on all types of patent infringement cases. He has experience with both enforcing patents and defending accused infringers. Ted also handles related intellectual property matters, including copyright litigation and trademark matters. Ted believes in providing one-on-one personalized service for each client. Contact a skilled patent litigation lawyer at The Polasek Law Firm today through the online form, or give the firm a call at (832) 485-3580 to schedule a free consultation. Polasek Law Firm is ready to help with your patent litigation case. What Our Clients Say About Us Our Houston Office Location
Nov 4, 2025 | By Ted Polasek | Read Time: 6minutes
Contingency-fee litigation at Polasek Law Firm serves to aid clients in pursuing patent litigation that they might otherwise not be able to afford. For many small businesses and companies, patent litigation is too expensive to pursue. Contingency-fee litigation is a cost-effective means for small businesses and companies to receive skilled counsel and defend their rights in intellectual property lawsuits. A contingency fee agreement for patent litigation means you do not have to pay your lawyer for his time unless your case settles, or you prevail in court. For corporate clients, this provides a company with the opportunity to use its money to grow its business and still have the ability to enforce its intellectual property. For individuals with a claim that has strong merit but who lack the resources to litigate a patent infringement case, it provides an avenue for representation that may otherwise not be available. This type of representation does not charge an hourly rate to clients. Instead, contingency-fee patent litigation attorneys receive a percentage of the final judgment awarded to their clients. The attorney-client agreement specifies what percentage of the final judgment the attorney receives as payment. Contingency-fee patent litigation attorneys receive payment only if they win the case for their client. Therefore, like the client, your contingency-fee patent litigation attorney has an incentive to win the case. This type of representation showcases an attorney’s ability to provide effective and efficient representation. A contingency-fee patent litigation attorney assesses the merits of your case by reviewing the following questions: After considering these factors, an attorney may take your case on a contingency-fee-basis only if the attorney believes in the likely success of the case. For assistance, please send us a message or call (832) 485-3580 today. Benefits of a Contingency-Fee Patent Litigation Attorney Contingency-fee patent litigation offers many benefits to clients. For example, a qualified contingency-fee patent litigation attorney evaluates your case’s goals and how best to achieve those results. Lower Out-of-Pocket Costs Patent litigation lawsuits are costly and time-consuming. Most individuals and small businesses don’t have the cash flow to continue paying a firm the high costs associated with an intellectual property lawsuit. A contingency-fee patent litigation agreement does away with the worry of how to pay attorney fees upfront. However, the client generally must pay for expenses related to litigation costs, such as filing fees and travel. If your contingency-fee patent litigation attorney fails to obtain a judgment or settlement, you pay nothing as a fee to the attorney. An Incentive to Settle When Proper The nature of contingency-fee patent litigation representation incentivizes both client and attorney to act with joint interests. This incentive pushes both client and attorney to conclude the lawsuit in the most favorable manner possible. Therefore, when it makes sense to settle a case, both parties will be incentivized. Additionally, when it makes sense to pursue litigation through trial, both parties have the same goal. A contingency-fee patent litigation agreement spreads the risk of litigation to both client and attorney. Contingency-fee patent litigation pays an attorney only if their client wins their case. By contrast, the typical hourly agreement between client and attorney requires the client to assume all risks, regardless of the outcome. A contingency-fee patent litigation attorney takes these types of cases based on the probability of success. An attorney should always diligently defend their client. However, in traditional hourly agreements, an attorney may not always believe in a case’s merits. If an attorney takes your case on contingency, they are staking their own time and resources on the case. Therefore, you can trust that your case has merit and that your attorney isn’t simply racking up fees on a lost cause. Time and Cost Control Some law firms behave in a manner to maximize billable hours in a lawsuit. In contingency-fee patent litigation lawsuits, a firm has no incentive to bill unnecessary hours or costs to a client. This drives the firm to work more efficiently toward the resolution of your case. Your attorney will be incentivized to avoid expensive delays through excessive pleadings, depositions, or conferences. Examples of Our Patent Litigation Success Read more in our Case Results page. Areas of Intellectual Property Handled on a Contingency-Fee Basis Contingency-fee arrangements are possible in all intellectual property litigation. Consult with a contingency-fee patent litigation attorney to review the elements of your case and determine the suitability of a contingency fee agreement. Patents A patent affords the patent holder the right to exclude others from making, using, or selling an invention. Patent protection lasts twenty years. There are three different types of patents: There are five criteria to meet to qualify for a patent. These include the following: Anyone who unlawfully makes, sells, or uses a product covered by a claim of an existing patent may be liable for infringement. If you believe someone has infringed your patent, a contingency-fee patent litigation attorney will review the validity of your patent and its existing claims to determine its merits. As one of the top Texas lawyers in contingency-fee patent litigation, Polasek Law Firm can send us a message or call (832) 485-3580 today. Copyrights Copyright owners have the exclusive right to reproduce, distribute, and license their copyright. If anyone infringes on this right, the author has a claim for copyright infringement. Damages for copyright infringement lawsuits include profits made by infringing the copyright and damages for past infringement. Copyright protections extend to the following: Copyright protections extend only to expressions, not to ideas, methods of operations, or concepts. Copyrights generally last for the life of the author plus 70 years. Trademarks Trademarks serve to identify and distinguish the goods or services of an individual or business. Trademarks apply to the following: Protection for trademarks exists under both federal and state laws. Additionally, common law protections apply for trademark use. While competing trademarks may be similar, courts conduct multiple tests to determine whether infringement has occurred. Damages for trademark infringement include profits made by infringement of the trademark, damages for past infringement, […]
