Our litigation practice spans our technology, competition and corporate law practices. Our cases frequently involve the intersection between the exclusivity of IP rights and competitive constraints. We have extensive experience with causes of action that do not fit neatly into the IP and antitrust pigeon holes and include a multidisciplinary approach involving federal and state unfair competition claims, civil RICO, federal computer abuse and fraud claims and common law provisions.

We represent clients as plaintiffs and defendants in all manner of intellectual property disputes in diverse judicial and quasi judicial tribunals. Our cases include:

  • Patent infringement
  • Trademark infringement
  • Copyright infringement
  • Misappropriation of trade secrets, industrial espionage
  • False advertising under the Lanham Act
  • Computer fraud and abuse
  • False Claims Act and Qui Tam litigation
  • Inventorship disputes, patent interferences
  • Section 337 Unfair Imports Investigations
  • State consumer protection laws
  • CAN-SPAM Act
  • Preemption of state causes of action

In our competition law practice encompasses representing plaintiffs and defendants in cases and enforcement actions that include claims or charges involving:

  • The Sherman Act
  • The Clayton Act
  • The FTC Act
  • Unfair competition under the Lanham Act, state law, common law
  • The Postal Private Express Statutes also called the Postal Monopoly Laws

Our corporate litigation includes:

  • Breach of merger agreements
  • Breach of non-disclosure agreements and covenants not to compete
  • Federal False Claims Act
  • Breach of fiduciary duties
  • Breach of stock repurchase agreements

Our litigation practice encompasses numerous successful appeals:

  • To the Supreme Court of the United States
  • To the Federal Circuit and regional courts of appeals
  • To the District Courts from administrative and regulatory proceedings
  • To the Patent and Trademark Office Board of Appeals

Our litigation clients include:

  • Corporate clients in number of technologies and industries
  • Trade associations
  • Whistleblowers
  • Interested third parties: discovery targets, intervenors, amici curiae
  • Law firms
  • Individuals

As a boutique firm, we are accustomed to partnering with national and international patent and general practice firms that require our particular skill sets as well as other firms that need extra help to handle the “mega-cases.”

We recently represented a small real estate data aggregator in defense of copyright infringement claims brought in two federal district courts by real estate multiple listing services and brokers.  The cases involved issues of the validity of copyrights, copyright registrations, and assignments of copyrights; substantial similarity and counterclaims for violations of state unfair competition and federal antitrust laws.