Intellectual Property

IP Litigation

Leveraging intellectual capital for its maximum value.

Our attorneys are dedicated to procuring, exploiting and enforcing our clients’ intellectual property rights. We have decades of experience litigating IP disputes. Members of our team many with Ph.D.s and other advanced degrees in scientific and technical disciplines, represent clients in state and federal courts and administrative proceedings, before arbitration panels, and in settlement negotiations.

Representative Matters

Patents

  • Dananberg v. Payless ShoeSource
    Defended a national retailer and manufacturer in federal court in New Hampshire, where the plaintiff sought millions of dollars in damages for infringing a patent for a one-piece insole. Secured favorable Markman rulings and, ultimately, summary judgment on all claims.
  • The Sliding Door Co. v. KLS Doors, LLC
    Defended KLS Doors in a patent and trade dress infringement case relating to a sliding door system. Secured claim construction ruling resulting in favorable settlement.
  • Pantaurus LLC v. Neopost USA Inc.
    Defended a software developer in a patent infringement suit relating to a digital computer and data storage system. Secured a favorable settlement.
  • Nano-Second Technology Co. Ltd. v. Dynaflex International
    Defended a manufacturer in patent litigation concerning a gyroscopic wrist exerciser. Won summary judgment dismissal of several claims resulting in favorable settlement.
  • Served as lead counsel for defendants in patent infringement litigation involving mail tracking and bar code technology. Obtained desired claim construction ruling from Central District of California, Southern Division, that resulted in highly favorable settlement for clients.

Trademarks

  • Represented Lumondi, Inc., the U.S. distributor of LUMINOX brand watches, in the prosecution of trademark infringement, false designation of origin and false advertising claims, as well as violations of New York state law for trademark dilution, deceptive trade practices, and unfair competition. Secured a favorable settlement that permanently enjoined the defendants from selling infringing goods.
  • Represented, in declaratory judgment action, the U.S. distributor of JARLSBERG brand cheese and its corporate parent and owner of the JARLSBERG brand, in a trademark and trade dress infringement action against the owners of the BABYBEL line of cheeses.
  • Defended Pandora Jewelry LLC against allegations of unfair competition, trademark infringement, and tortious interference with an advantageous business relationship. The court denied the plaintiff's motion for preliminary injunction.
  • Represented a nationally recognized consumer goods retailer in the prosecution of trademark infringement and unfair competition claims in violation of the Lanham Act. Secured summary judgement after demonstrating that the utilization of “Sears” by the defendant created a strong likelihood of confusion.
  • Handled extensive trademark clearance and prosecution for the infant care division of a multinational pharmaceutical company.
  • Defended a well-known U.S. software company in a trademark infringement claim in the Netherlands. The case is currently on appeal.
  • Lead counsel for Merck & Co. in dispute over the trademark Vioxx.

Copyrights

  • Successfully handled multiple litigations for Apple Corps Ltd. involving copyright and trademark infringement of The Beatles’ intellectual property rights and the unauthorized use of their name and likeness.
  • Won summary judgment dismissal of copyright claim asserted against NBC Universal and Reveille LLC in which plaintiff contended that popular television show “The Biggest Loser” infringed on her copyrighted treatment.
  • Defended McGraw-Hill Education against a selected set of copyright claims brought by a stock photography agency. Court denied plaintiff’s claims for statutory damages on nearly a dozen photographs, and jury reduced the plaintiff’s request for profits on remaining photographs.
  • Prosecuted copyright and trademark claims on behalf of a leading educational publisher against a Spanish and Arabic localization company and won summary judgment motion and an award in excess of $2.3 million, plus attorney's fees.
  • Served as lead trial counsel to two former Marines in a trial before the U.S. District Court in the Southern District of New York in defense of allegations of unfair competition, trademark and trade dress infringement, theft of trade secrets and copyright infringement. Obtained dismissal of 11 of 12 counts and an order finding that adversaries violated the Stored Communications Act arising out of computer hacking.

Trade Secrets

  • Defended a Fortune 100 company and its employees in one of the first cases litigated under the Pennsylvania Uniform Trade Secrets Act. Specific allegations included breach of non-competition agreements and misappropriation of trade secrets. Injunction denied and clients awarded approximately $2 million in attorneys’ fees.
  • Represented Provider Synergies, a health care services company, in its claims for misappropriation of trade secrets brought against a competitor.
  • Represented Quaker Chemical Corporation in restrictive covenant and misappropriation of trade secrets cases in federal courts in Ohio and Pennsylvania.
  • Defended the president and other senior executives of a publicly traded company in a multimillion-dollar trade secret dispute of communication software.
  • Prosecuted claims for misappropriation of trade secrets for a global pharmaceutical company against its former executive. After preliminary forensic investigation of laptop and mobile phones, former executive consented to an injunction.
  • Defended a pipe restoration company from misappropriation claims valued at $40 million. We secured a complete defense verdict on all trade secret claims.
  • Defended claims of tortious interference and trade secret misappropriation where plaintiff sought more than $17 million in damages. On our motion, the court set aside the plaintiff’s verdict, and the case settled favorably at a fraction of the original jury verdict.
  • Prosecuted several cases for theft of trade secrets and trade disputes for a national financial services and mortgage company.