Intellectual Property Litigation

LEADERSHIP: Thomas F. Fitzpatrick, Paul J. Kennedy and Goutam Patnaik

Pepper Hamilton LLP is experienced in all aspects of IP litigation - patent disputes, copyright and trademark litigation, domain name disputes, trade secret protection, unfair competition claims, false advertising, and defamation, publicity and privacy issues.

Patent Litigation and Post-Grant Review

Pepper handles patent litigation for a wide range of corporations and private businesses, from Fortune 100 to venture capital-driven and other growth-oriented companies. Because of our trial experience, we have been designated as lead trial counsel in major patent infringement and trade secret cases. We also are experienced in conducting interference proceedings before the U.S. Patent and Trademark Office, on challenging and defending patents in inter partes review and “post-grant” review procedures in the U.S. as well as in corresponding proceedings in Europe, Japan and elsewhere, and in conducting IP audits and due diligence analyses in transactional matters. In fact, Docket Navigator recently ranked Pepper as one of the top 25 firms both in PTAB matters and in federal district court patent litigation.

Pepper lawyers also have appeared frequently in patent disputes before the International Trade Commission. We have had marked and consistent success over the years helping clients assert and enforce their patent rights before the ITC and to obtain exclusion orders through Section 337 investigations.

Of the patent infringement cases we have handled in the U.S. district courts and at the ITC, our lawyers have taken over 150 of those cases through trial, and dozens of those cases through appeal. Our attorneys have also separately handled a number of additional appeals before the Federal Circuit.

Trademarks and Copyrights

We represent both sides in trademark and copyright infringement matters throughout the United States.  Among other matters, our team is nationally noted for its success on behalf of clients ranging from luxury goods, jewelry and software companies to world-famous musicians in actions against persons selling pirated, bootleg and counterfeit goods. The group also helps numerous composers, authors, software developers and publishers protect their copyrighted works from unauthorized copying, distribution and performance.

Members of the Intellectual Property Department have a strong track record in trademark and copyright litigation in federal and state courts, and in opposition and cancellation proceedings before the U.S. Patent and Trademark Office and the Trademark Trial and Appeal Board.

Domain Name Disputes

Our lawyers handle many domain name disputes each year, including filing and defending complaints under ICANN’s Uniform Dispute Resolution Policy.  Our experience includes developing strategies regarding domain name properties to strengthen client positions for enforcement of their rights.

Trade Secret Protection

We are experienced in preparing domestic and international trade secret licenses and crafting corporate confidentiality, security and non-competition programs. We enforce these protections in many fields, including computer software design, petrochemical product formulae and retail customer list protections.

Unfair Competition, False Advertising, Deceptive Trade Practices

We assist clients with the host of legal issues associated with advertising, particularly the problems and concerns of nationally oriented advertisers. Companies in this environment face a patchwork of federal, state and quasi-public regulations that increasingly affect marketing campaigns and should require pre-release intellectual property audits, including review of many types of product claims. In addition, we handle litigation between advertisers over comparative advertisement claims, product mis-descriptions, palming off and disparagement.

Defamation, Publicity, Privacy Rights

Pepper is experienced in the intellectual property-related areas of defamatory torts and claims of rights in personality. For example, we successfully defended a scientist's claim of promotional rights in his published research and claim of libel for its use in ways he did not approve. We secured for another client the unfettered right to trade upon the surname of an inventor who had allowed his name to become the generic term for a series of medical instruments. We also conduct pre-publication review of articles and books for several publishers.