Intellectual Property Litigation

While we do our best to help clients avoid litigation, our attorneys appear before state and federal courts, as well as regulatory agencies and boards.  We have experience litigating cases through decision.

Patent Litigation

Our attorneys, more than half of whom hold advanced degrees in electrical, mechanical, and/or computer arts, develop a unique strategy for each case, always considering both the legal and business perspectives in determining the best course of action.  We use a detail-oriented approach from the initial assessment through obtaining a favorable settlement or ruling for our client. We conduct Markman claim construction hearings, try cases to decision and represent clients before the United States Court of Appeals for the Federal Circuit.

Additionally, as we understand the cost and time concerns associated with litigation, we communicate with clients about alternative resolutions that still enable them to accomplish their objectives.  We have the ability to scale our team to meet the needs of any situation, and our experience in federal courts across the country ensures we can handle any patent litigation matter for our clients. With our in-house eDiscovery team and technology, we are able to streamline the discovery process, lowering risk and cost to the client while insuring greater accuracy and efficiency.

Patent Trial and Appeal Board

In addition to federal court litigation, we represent our clients in post-grant proceedings before the PTAB, including ex parte and inter partes reexamination, inter partes review (IPR), post-grant review (PGR), and covered business method patent review (CBM).  Our technical bench and full-service IP practice enables us to truly understand our client’s technology, making us successful in defending against the invalidation of our clients’ patents or, when necessary, invalidating patents that may be asserted against our clients.  We monitor the latest developments and trends in post-grant proceedings so we can make the best recommendations to our clients.

Trademark Litigation

Our team brings our experience in trademark clearance, counseling and prosecution work to our clients in developing litigation strategy, and we have proven success at the federal and state level in defending and enforcing our clients’ rights. Whether it’s a multi-million dollar dispute or one of our entrepreneurial clients just starting out, we tailor our litigation strategy to maximize the outcome for our clients.

Trademark Trial and Appeal Board

Our attorneys represent clients before the Trademark Trial and Appeal Board (TTAB), including handling ex parte appeals of decisions by examiners, as well as inter partes matters involving opposition and cancellation proceedings and current use proceedings.  Our experience at the TTAB provides our clients with an added value, as we efficiently navigate through the process to meet our client’s intended objective. 

Copyright Litigation

Our attorneys handle copyright infringement matters through litigation, including pursuing infringement claims and defending our clients.  We are well-versed in litigating all facets of copyright law, including authorship and ownership, as well as infringement, fair use and originality issues.

Additionally, we understand the challenges to copyrights presented by the Internet and litigate such matters, including those under the Digital Millennium Copyright Act.  We work with Internet service providers, both domestically and abroad, to handle infringement matters and provide ongoing protection for our clients.

Trade Secret Litigation

We recognize the importance of trade secrets to our clients’ businesses, and we are committed to helping our clients protect those secrets.  We conduct reviews to assist clients in identifying their trade secrets and implementing best practices to protect them in the context of each client’s particular business goals and realities. 

We represent clients in litigation to protect their trade secrets.  Our attorneys have successfully obtained temporary restraining orders and/or preliminary injunctions in state and federal court protecting our clients’ information from misappropriation.  Where necessary, we have experience litigating these cases through a final trial on the merits and through appeal. 

We stay on the cutting edge of trade secret law and have developed expertise in the Defend Trade Secrets Act (DTSA) to assist our clients in both complying with the requirements of the DTSA and pursuing claims under it.

International Trade Commission (ITC) Litigation

We handle matters for both complainants and respondents before the ITC, from pre-complaint preparation through working with Customs on enforcement.  Our extensive technical knowledge and experience ensure we are able to handle matters involving any type of technology.  Knowing the timelines of these matters can significantly impact our clients’ business and operations, we bring efficiencies to the process, relying on our deep bench and experience handling complex intellectual property disputes.