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.
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.
Experience
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We successfully represented Arkansas State University (A-State) in a trademark dispute with Chattanooga Professional Soccer Management LLC (Chattanooga Soccer). On...
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We represented Hopscotch Healthcare Inc., a primary care provider serving rural communities, in the case Hopscotch Corp. et al. v....
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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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We are representing a software company in ongoing litigation related to trade secret misappropriation, trademark claims, unfair competition, defamation, and...
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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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Members of the intellectual property litigation group successfully resolved a patent infringement suit filed by a prolific patent troll in...
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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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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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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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We successfully represented a national restaurant company in a lawsuit to protect the restaurant's most important trademark, its name. A...
Experience
-
We successfully represented Arkansas State University (A-State) in a trademark dispute with Chattanooga Professional Soccer Management LLC (Chattanooga Soccer). On...
-
We represented Hopscotch Healthcare Inc., a primary care provider serving rural communities, in the case Hopscotch Corp. et al. v....
-
We represented the plaintiff in a patent infringement lawsuit relating to a patent on an award-winning toy. We won a...
-
We are representing a software company in ongoing litigation related to trade secret misappropriation, trademark claims, unfair competition, defamation, and...
-
We are representing a global, multi-national provider of integrated technology against claims of an alleged failure of software migration and...
-
Members of the intellectual property litigation group successfully resolved a patent infringement suit filed by a prolific patent troll in...
-
Our team represented Camping World, one of the nation's largest retailers of RVs, RV accessories and RV-related services, in Federal...
-
We represented AutoZone in a patent infringement case and were granted summary judgment of non-infringement. EMG Technology filed suit claiming...
-
We successfully moved to dismiss a patent infringement case alleging that our client's marketing and sale of a highly successful...
-
We successfully represented a national restaurant company in a lawsuit to protect the restaurant's most important trademark, its name. A...
Professionals
| Name | Phone | |
|---|---|---|
|
Terry L. Clark Member |
(202) 827-2951 | tclark@bassberry.com |
|
Shayne R. Clinton Member |
(865) 521-0372 | sclinton@bassberry.com |
|
John S. Golwen Member |
(901) 543-5903 | jgolwen@bassberry.com |
|
Caleb H. Hogan Senior Litigation Attorney |
(615) 742-6297 | caleb.hogan@bassberry.com |
|
Brian R. Iverson Member |
(202) 827-2954 | biverson@bassberry.com |
|
Britt K. Latham Member |
(615) 742-7762 | blatham@bassberry.com |
|
Paige Waldrop Mills Member |
(615) 742-7770 | pmills@bassberry.com |
|
Overton Thompson III Member |
(615) 742-7730 | othompson@bassberry.com |
|
Katherine M. Todd Counsel |
(615) 742-6226 | katherine.todd@bassberry.com |
|
Kathryn Hannen Walker Member |
(615) 742-7855 | kwalker@bassberry.com |
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"Bass, Berry & Sims retains a notable practice with deep experience in the full gamut of IP matters. It has particular strength in the technology and healthcare spaces, as well as a growing practice in the hospitality sector. The firm possesses the capacity to handle sophisticated IP transactions and high-stakes litigation relating to patent and trademark infringement." Client feedback: "Bass, Berry, & Sims is always well aware of the latest issues and their large and sophisticated client base means they have dealt with the issues of the day in a meaningful context so they can pass along good practical advice." "The depth and breadth of their team is impressive, encompassing a wide range of expertise across various legal disciplines. Each member brings a unique set of skills and experience, which collectively contributes to a well-rounded and highly competent team capable of addressing diverse legal challenges."
From Chambers USA 2024