Intellectual Property Litigation

Attorneys in the Firm's Intellectual Property Group regularly represent clients in both state and federal courts at the trial and appellate levels in litigation involving patents, copyrights, trademarks, trade dress, false advertising, unfair competition and other intellectual property issues. Our intellectual property attorneys' experience is in mechanical, chemical, electrical and computer science technologies, among others.

Representative Matters

• Obtained a product exclusion order on behalf of a domestic industrial company against one New Jersey company and two Chinese companies that were importing into the United States products that infringed two U.S. patents.
• Won patent infringement case in Texas representing the defendant; successfully invalidated a patent on a tool by proving that the tool did not work as it was represented to work to the Patent Office and in the patent itself, and also by establishing a defense of laches. Court invalidated the patent and awarded costs to our client.
• Successfully obtained a settlement for the firm's client, the plaintiff, in a patent infringement suit filed in federal court in Atlanta. The client's competitor was sued for infringement of three patents on refrigeration hardware. The defendant then counter-sued for infringement of two patents of its own. The case was ultimately settled with a cash settlement in favor of our client.
• Represented Italian manufacturer against charge of patent infringement and theft of trade secrets for machines that apply elastic waist bands to disposable diapers. Negotiated favorable settlement with plaintiff and dismissal of cross-claims by defendant purchaser of machines made by client.
• Represented publisher charged with copyright infringement for searchable computer database of information about cable systems in the United States. Invalidated copyright and achieved favorable settlement following mediation of counterclaims.
• Represented Tennessee municipality in multi-district litigation against charge of patent infringement for process used to remediate residential and industrial waste. Negotiated favorable settlement and municipality continued to use process at issue.
• Represented manufacturer of three-dimensional trademark configuration for bottles. Obtained settlement opposing corporation agreed to license and payment of money damages for infringement.
• Represented a California medical/dental instruments manufacturer in patent infringement action in Philadelphia, Pennsylvania.
• Represented major pest control manufacturer and licensee of patent against infringer. Obtained judgment for money damages and injunction prohibiting further manufacturing of client's product by infringer.
• Represented Alabama bank in trademark infringement case against bank in Tennessee; defendant bank agreed to change trademark.
• Obtained favorable settlement, including both damages and attorney fees, in copyright infringement case for national sign company. The Firm's client was in the business of licensing exclusive artwork for use in commercial signs. It sued a mobile home dealership, alleging the dealership had produced signs and billboards with the copyrighted art. The trial court granted summary judgment on infringement and willfulness. Soon thereafter, the defendant agreed to a favorable settlement in mediation.
• Enforced national hotel chain's trademarks against continued use by former franchisees. Obtained a series of temporary restraining orders and injunctions to enforce the client's marks and then achieved settlement of the cases on the client's terms.
• Defended Internet provider against claims based on offensive materials placed on a website by client's customer. Presented opposing counsel with a detailed memorandum of the law, which impelled him to dismiss the case against our client.