Litigation - IP, Media & Tech

Our IP lawyers are exceptionally experienced and well-known for managing and conducting complex intellectual property litigation worldwide. We are acknowledged for our capabilities in coordinating pan-European litigation, including advising on opposition in the European Patent Office and the Community Trademark Office. We have developed and actively maintain a network of foreign associates concentrating in intellectual property law, and, as a result, are able to protect clients’ rights in counterpart tribunals and agencies around the world. Our IP litigators are extremely knowledgeable about the practices and procedures in the U.S. Federal District Courts, state courts, U.S. Courts of Appeals (including the Federal Circuit), the U.S. Supreme Court and before the International Trade Commission.

Federal District Court Patent Litigation. Our technical knowledge and extensive litigation experience equip our trial teams to effectively and concisely explain the essence of complex technology and intellectual property legal principles to both judges and juries in a way that increases the likelihood of achieving favorable results. We have handled complex patent litigation in all disciplines in district courts throughout the U.S. and before the courts in the United Kingdom and Germany. Our significant litigation experience has given our IP lawyers the insight and expertise that is necessary to successfully practice and present before the Federal District Courts, state courts and U.S. Courts of Appeals (including the Federal Circuit).

Appellate Practice. Our IP lawyers have argued more than 100 appeals before the Federal Circuit Court of Appeals and its predecessor court, the Court of Customs and Patent Appeals. We also have successfully obtained reversal of a jury verdict including a willful infringement charge before the Federal Circuit Court of Appeals. Even in cases where the client has been successful in the lower court, they have turned to our IP lawyers to handle their appeal because of our experience and knowledge with regard to the practice, procedure and the judges at the Federal Circuit.

Our IP litigators are involved in programs during the Federal Circuit Judicial Conference and the Giles S. Rich Intellectual Property Inn of Court. We have members of the IP Department who are active in the Federal Circuit Bar Association, and members who teach and lecture about appellate IP decisions, with particular emphasis on decisions of the Federal Circuit.

Practice Before the International Trade Commission. Our IP litigation experience before the International Trade Commission in Section 337 investigations is second to none. We have represented numerous corporations ranging from Fortune 500 companies to start-ups, for both plaintiffs and defendants. The complexity of these investigations has varied dramatically, ranging from investigations encompassing infringement of multiple patents pertaining to complex technologies such as semiconductors to common law trademark infringement. Many of these investigations also have included concurrently pursuing or defending Federal District Court litigation based on the same intellectual property rights asserted before the International Trade Commission.

Trademark Litigation. In courts throughout the U.S., U.K. and Germany, our IP litigators have represented clients with some of the world's most famous trademarks in infringement suits relating to false advertising, unfair competition, trade dress, trademark and trade name. Our lawyers have successfully obtained numerous temporary restraining orders, preliminary and permanent injunctions and damages against infringers and importers of illegal counterfeit goods.

One element of our litigation practice that is growing is in the area of domain name disputes, which seem to arise with increasing frequency. Our ability to handle these types of disputes is enhanced by working closely with our colleagues who specialize in internet law issues.

Copyright Litigation. We represent clients in copyright infringement actions involving a diversity of works. Recently, in a landmark case, we successfully protected a client's copyrighted printed matter from infringement on the internet.

Contacts

Intellectual Property, Media & Technology Client Services

McDermott Will & Emery

McDermott Will and Emery