Intellectual Property Litigation

For many clients, intellectual property is their most valuable asset, and protecting it is among their highest priorities.  This may require litigation regarding misappropriation of trade secrets or breach of a non-compete or licensing agreement, or claims for patent infringement or violation of rights protected under trademark and copyright laws.  We not only understand the law that protects these interests but, even more important—and sometimes not understood by firms that specialize narrowly in this area—how to explain the complicated technical concepts of an invention or trade secret in a way that makes sense to a judge or jury in the context of a story that compels a winning result.  We have successfully represented corporate and individual clients in cases involving utility patents, software code, manufacturing processes, customer lists, and business plans and processes.

Representative Cases

InfoFlows v. Corbis.  Prosecuted claims for misappropriation of trade secrets, fraud and breach of contract relating to digital image tracking technology, and defended related counterclaims; obtained $36 million jury verdict and defeated counterclaims in three-week trial.

Alliance Packaging v. Altivity Packaging, et al.  Prosecuted patent infringement claims relating to retail product packaging; prevailed at Markman hearing, defeated defendant’s summary judgment motions and prevailed on motions for partial summary judgment and motions dismissing counterclaims, and then obtained favorable settlement.

ChemPoint v. Xenon Arc Inc., et al.  Defended technology startup and its founders against claims for misappropriation of trade secrets, false advertising, usurpation of corporate opportunity and breach of fiduciary duty; obtained ruling entitling clients to advancement of fees under plaintiff’s articles of incorporation, partial summary judgment, and then favorable settlement.

National Flood Services v. Torrent Technologies.  Defended claims for trade secret misappropriation, copyright and Lanham Act violations, and breach of non-competition agreement against startup business; obtained dismissal of key claims by summary judgment and then favorable settlement.

Expedia v. John Does.  Prosecuted CFAA claim to obtain evidence to halt computer trespass and network intrusions; obtained court order for information sought and then favorable resolution.

Microsoft Corp. v. PC Recycle.  Defended claims for copyright infringement; obtained favorable settlement. v.  Defended claims and prosecuted counterclaims arising from e-commerce marketing and product line agreements, and trademark licensing agreement; obtained favorable settlement recovering on counterclaims.

SigmaTek v. Dixon.  Prosecuted trade secret and non-compete claims against former employee; obtained preliminary injunction following evidentiary hearing and then favorable settlement.

Straitshot Communications v. Telekenex, Inc., et al.  Prosecuted corporation’s claims for trade secret misappropriation, tortious interference, Consumer Protection Act violations, and breach of employment agreements and of duty of loyalty; obtained $6.5 million judgment at jury trial.

Ecco v. ZiLog and ZiLog v. Tower Semiconductors.  Defended and prosecuted claims regarding rights in intellectual property, and agreement for design and development of integrated circuits; obtained favorable settlements.