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.

  • We represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case in which our client had brought claims against rival Creative Compounds LLC, accusing Creative Compounds of infringing six of its patents covering various forms of beta-alanine and its use as a muscle-building supplement.  The Southern District of California had dismissed the suit, finding the patent claims to be directed toward a product of nature (beta-alanine) and a law of nature (that taking beta-alanine in sufficient quantities builds muscle) and thus patent-ineligible.  On appeal, a split panel sided with our client, finding the district court applied too broadly the ineligibility doctrine of the “Alice/Mayo test” and that, although beta-alanine itself can occur as a natural substance, the claims containing beta-alanine as one aspect covered more than an unpatentable natural law.

    Law360 provided analysis of the case in the articles:

    We represented nutritional supplement manufacturing company, Natural Alternatives International, Inc. (Nasdaq: NAII), in a Federal Circuit Court of Appeals case...
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    Client Type: Public Company
  • Represented Life Technologies Corp. in a Federal Circuit Appeal stemming from a 2017 Patent Trial and Appeal Board (PTAB) decision in a covered business method proceeding (CBM). Michael Kiklis represented Life Technologies in two covered business method proceedings: one was filed in 2014 and the other was filed in 2015. Life Technologies prevailed in both proceedings with the PTAB finding that all challenged claims of Unisone Strategic IP Inc.’s inventory management patent recited ineligible subject matter pursuant to 35 U.S.C. § 101. This appeal involved the second CBM. Unisone chose not to appeal the first CBM. The Federal Circuit heard oral argument on December 4, 2018, and then affirmed the PTAB’s decision less than one week later.

    We represented Life Technologies Corp. in a Federal Circuit Appeal stemming from a 2017 Patent Trial and Appeal Board (PTAB)...
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    Client Type: Private Company
  • Representation of the plaintiff in a patent infringement lawsuit relating to a patent on an award-winning toy

    We represented the plaintiff in a patent infringement lawsuit relating to a patent on an award-winning toy. We won a...
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    Client Type: Individual
  • Representation of software company in “bet-the-company” litigation involving trade secret misappropriation, trademark claims, unfair competition, defamation, and various cyber-torts

    We are representing a software company in ongoing litigation related to trade secret misappropriation, trademark claims, unfair competition, defamation, and...
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    Client Type: Private Company
  • Representation of multinational provider of integrated technology in software migration and implementation dispute

    We are representing a global, multi-national provider of integrated technology against claims of an alleged failure of software migration and...
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    Client Type: Public Company
  • Representation of one of the world’s largest manufacturers of outdoor camping gear against claims of patent infringement

    Members of the intellectual property litigation group successfully resolved a patent infringement suit filed by a prolific patent troll in...
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    Client Type: Private Company
  • Representation of Camping World, one of the nation’s largest retailers of RVs, RV accessories and RV-related services, in Federal Circuit Court against claims of patent infringement

    Our team represented Camping World, one of the nation's largest retailers of RVs, RV accessories and RV-related services, in Federal...
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    Client Type: Private Company
  • Represented AutoZone in a patent infringement case and were granted summary judgment of non-infringement

    We represented AutoZone in a patent infringement case and were granted summary judgment of non-infringement. EMG Technology filed suit claiming...
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    Client Type: Public Company
  • Representation of a pharmaceutical company in a patent infringement case related to the sale and marketing of a cancer treatment drug

    We successfully moved to dismiss a patent infringement case alleging that our client's marketing and sale of a highly successful...
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    Client Type: Private Company
  • Successful representation of national restaurant company in suit to protect its concept’s most important trademark

    We successfully represented a national restaurant company in a lawsuit to protect the restaurant's most important trademark, its name. A...
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    Client Type: Public Company
Marc E. Ackerman
Counsel
Terry L. Clark
Member
Shayne R. Clinton
Member
John S. Golwen
Member
Brian R. Iverson
Member
Michael L. Kiklis
Member
Britt K. Latham
Member
Paige Waldrop Mills
Member
R. Gregory Parker
Member
Overton Thompson III
Member
Janelle D. Waack
Member
Kathryn Hannen Walker
Member
Matthew D. Zapadka
Associate