25 Years

Litigating Patents

in Software- and Silicon-Based Technologies, in Key Patent Jurisdictions

For Clients Including:

ZTE ・ Nokia ・ One Plus ・ TCL

Upshaw PLLC serves a very specific niche: Companies confident they want to achieve the best legal and business results without paying inflated legal bills. We best serve managers who sincerely serve their companies, because we do the same.

But this clear mission requires the experience to navigate a complex environment of shifting and conflicting priorities. Patents are a sword and a shield that can protect companies from copycats, securitize investment, insure R&D assets and new ventures, generate revenue, and provide freedom to operate. Litigation may involve or affect customers, suppliers, competitors, and even government agencies with conflicting interests and timelines; multilateral indemnification and insurance claims; courts with very different local rules; and juries from different communities.

Upshaw PLLC brings you the experience your business requires. When you hire us, I run your case and put together the right team to deliver the best results in the leanest way. We minimize overhead by working with a network of trusted, experienced lawyers in every major patent jurisdiction and technology area we serve, so you only pay for the time and talent you need. And we work with, not against, your other trusted lawyers if that’s the best solution for you.

Hire us to cut to the chase, assess your legal risks and opportunities, and execute on a proportionate, effective strategy that takes advantage of every legal right and protection you have with your business model, markets, competitors, suppliers, customers, and brand in mind.

My record is one of long-term relationships built on trust, performance, and candor. Litigation and business success require lawyers to pay attention to their clients; and to tell their clients what they need to know, not what they want to hear.

If paying us is a waste of your time, we’ll tell you. But if we can help, we’ll show you what it means to litigate like you mean business.

・Kind Words from Our Incredible Clients・

"Tough, cautious, shrewd, and a person of integrity.... When ZTE needed someone... Everett was the call."

I worked with Everett Upshaw for eleven years, during which he served as ZTE’s longest-tenured outside US litigation counsel, handling more than 100 cases until ZTE’s withdrawal from the US market. He is tough, cautious, shrewd, and a person of integrity. Everett listened to his client and represented ZTE efficiently and effectively across high-stakes matters and routine ones, always helping the company improve its risk avoidance along the way. He scaled his approach to match business objectives and the stakes of each case, and he had a consistent ability to cut to the heart of a dispute and focus on what would actually matter—legally and technically. He could be trusted from day one to assess and manage cases honestly, with both legal strategy and business interests in mind. When ZTE needed someone to step in urgently and get things right, Everett was the call—whether to clear business obstacles, refocus cases handled by other firms, restore internal confidence, or replace larger firms on short notice.

— James Wood, Chief Patent Counsel, ZTE (USA) Inc., 2011-2022

"The power of the lawyer is in the uncertainty of the law." Jeremy Bentham

"You are making my dreams come true through your professional efforts"

We scraped together enough savings to file for some patents of technology we believed in. Over the next 10 years to make something out of our efforts just resulted in dead ends.

Persistence and a Great Team like you have shown that miracles do happen. With your belief in us and your professionalism, you are making my dreams and those of my family finally come true through your professional efforts. The service and support you provide to inventors, no matter how small a project, is an absolute must to continue to foster the ingenuity needed to create and keep small businesses alive.

— Wayne (Inventor) and Ann Evans

Covering Your Bases

Everything ties back to your business model, including patent litigation. That requires an attorney who can manage risks and even capitalize on synergies presented by related or collateral litigation and market conditions. An attorney who’s spent a quarter-century handling high-stakes and routine patent matters for global companies with diverse business interests across multiple regulatory environments. We’ve got you covered.

Case Management:

Championship Performance Tuning

Winning your race means more than getting the best legal outcome: It requires controlling your costs and litigating consistent with your brand and business objectives. As an experienced in-house and outside-inside counsel, Everett knows how to maximize cross-case efficiencies while keeping litigation on-message and under-budget.

Forum Evaluation:

Picking Your Battles

Patents may be litigated in different courts, different kinds of courts, and even different countries. You usually have some choice over where and how you litigate patents; and when you do, you want to exercise it. Everett has a strong record of helping clients do so. He has been involved in courtroom litigation, patent office proceedings, customs enforcement, arbitration, and mediation across four continents. In one memorable contest, all five on all four at once.

Complex Business Litigation:

Strategic Thinking

Patent litigation is always a means, not an end. And when it involves your competitors, suppliers, or customers, nontechnical concerns like return on R&D, competitive advantage, and freedom of action come to the forefront. A lawyer with Everett’s breadth of experience and training can help bring every tool in your arsenal to bear on your critical business objectives.

Antitrust:

Understanding Market Forces

Although rarely an issue in US patent litigation, the pool of US litigators with experience and training in patent antitrust issues is quite small. For clients with international operations or pending acquisitions, Everett offers both antitrust litigation experience and Ph.D. economics training.