POWERFUL ADVOCATES

Intellectual Property Litigation

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

Examples of our experience include:

Patent Litigation

  • obtained favorable initial determination in the ITC recommending a general exclusion order barring all importation of products that infringe three LED photographic lighting device patents asserted against 14 different respondents
  • obtained a jury verdict of non-infringement, invalidity and unenforceability in a patent case on behalf of a manufacturer and seller of deactivatable resonant tags used for retail store theft prevention, and obtained award of $4.5 million in attorney fees and successfully defended all appeals
  • have resolved or are currently handling more than 70 IPR proceedings for various clients
  • obtained significant settlements on behalf of the owner of a portfolio of patents for digital camera operating systems in federal district court litigation and a Section 337 investigation before the ITC
  • obtained several significant settlements following summary judgment in litigation asserting three patents and defending a parallel declaratory judgment proceeding on patents directed to oilfield equipment technology.

Trademark and Copyright Litigation

  • prevailed in numerous federal court enforcement actions on behalf of members of the American Society of Composers, Authors & Publishers and the Recording Industry Association of America, owners of copyrights in musical compositions and sound recordings
  • brought multiple trademark counterfeit seizure actions on behalf of well-known brand name clients in numerous industries, including industrial ball bearings, apparel, luxury goods, sporting goods, and music in various federal courts where numerous seizure orders were obtained, resulting in the appropriation of thousands of counterfeit items
  • prosecuted and defended numerous successful opposition and cancellation proceedings before the Trademark Trial & Appeal Board on behalf of clients in numerous industries, including apparel, medical devices, pharmaceuticals, automotives, software, healthcare IT and consumer products
  • defended several right of publicity cases brought by alleged celebrities seeking protection for their likeness

Domain Name Disputes

  • successfully prosecuted and defended hundreds of domain name disputes in ICANN arbitration proceedings and in federal courts throughout the country
  • defended a company against a class action alleging RICO, cybersquatting and other claims asserted with respect to the use of certain domain names (RICO claims were dismissed and class certification denied, leading to a successful settlement)

Trade Secret Litigation

  • successfully litigated several cases involving the right of employers to protect trade secrets and confidential information in the hands of competing former employees
  • successfully defended an insurance company in a five-week trial against charges that it stole the plaintiff’s trade secrets
  • advised numerous clients regarding restrictive covenants in employment agreements in several jurisdictions
  • represented a major pharmaceutical company in prosecuting an action for misappropriation of trade secrets and defending claims of libel, false light and breach of contract.

False Advertising and Unfair Competition

  • successfully argued preemption in a false advertising case involving claims regarding an FDA-approved label
  • obtained summary judgment on claims of false advertising, right of publicity, trademark infringement involving the naming of medical instrumentation
  • defending pharmaceutical companies against litigation brought by state attorneys general, other governmental entities and private payors claiming false advertising and/or consumer fraud associated with the sale of the companies’ products
  • obtaining summary judgment as to all claims brought against distributor in two related actions asserting claims under RICO, false advertising and unfair competition
  • obtained dismissal on summary judgment of 12 of 14 counts asserted against a national telemarketing company, including Lanham Act, false advertising, and breach of contract, followed by eve of trial dismissal as a matter of law of remaining two counts, resulting in dismissal of entire case.