Intellectual Property Litigation

Intellectual property (IP) and technology are major sources of income for companies – and, also, frequent causes for litigation. From complex patent litigation to trademark and interference matters before the U.S. Patent and Trademark Office (USPTO), companies need a comprehensive team of litigators that offer strategic vision, technical backgrounds and depth of experience. Our experienced IP litigation team handles an array of IP disputes for market leaders, fast-growing startups and individual innovators across many industries and a broad range of technologies at the bargaining table and at trial.

Our team manages all aspects of intellectual property disputes, assisting clients as both plaintiffs and defendants in connection with IP matters related to:

  • Patent
  • Trademark
  • Proceedings before the Patent Trial and Appeal Board (PTAB), including inter partes review and post-grant review
  • Interferences and derivation related proceedings
  • Trade dress
  • Copyright infringement
  • Unfair competition
  • False advertising
  • Misappropriation of trade secrets
  • Antitrust
  • Data privacy
  • Counterfeiting

The IP litigation team brings together subject matter professionals that have advanced degrees and technical backgrounds in a variety of scientific and technical fields, including pharmaceuticals; chemistry; medical devices; computer science; internet commerce; consumer electronics; telecommunications; automotive systems; healthcare; and electrical, mechanical and chemical engineering.  Armed with a remarkable command of the courtroom, our seasoned litigators are able to leverage this technical knowledge to develop a novel case strategy and execute on behalf of our clients before federal agencies and at trial.

Our IP litigation team regularly represents clients in federal and state courts, at both the trial and appellate level, as well as before the U.S. Patent and Trademark Office (USPTO), the U.S. International Trade Commission, and the American Arbitration Association. Our IP litigators consistently have been successful in the federal courts where IP disputes are most often litigated, including appearances in more than 15 U.S. District Courts during the last five years. Our IP litigation attorneys also serve both as advocates and as neutrals in alternative dispute resolution proceedings.

As the Leahy-Smith America Invents Act continues to shape the landscape of patent law, our attorneys vigorously represent both petitioners and patent owners in post-grant proceedings before the PTAB and have experience utilizing the new procedures in conjunction with our overall defense strategy. Our team’s breadth of experience in patent litigation matters, combined with our patent prosecution experience before the USPTO, enables us to help our clients successfully navigate the intricacies of the PTAB’s procedural rules, including those related to inter partes review (IPR), post-grant review (PGR) and covered business method (CBM) proceedings.

Our IP team also conducts IP clearance, validity, infringement, and enforceability analyses for clients, including a thorough counseling on the nuances of IP procurement, product development, attorney-client privilege and attorney work product doctrines. We provide a comprehensive approach that helps our clients achieve their business goals, protect their rights and resolve their intellectual property disputes in an efficient and cost-effective manner.

Terry L. Clark
Shayne R. Clinton
John S. Golwen
Caleb H. Hogan
Senior Litigation Attorney
Brian R. Iverson
Britt K. Latham
Paige Waldrop Mills
Overton Thompson III
Janelle D. Waack
Kathryn Hannen Walker