Practices & industries
Intellectual Property Litigation
Overview
While we work hard to help our clients avoid litigation, litigation is sometimes unavoidable. In these situations, clients recognize the importance of having such matters handled by seasoned trial lawyers attorneys who think strategically and who are able to persuasively present the client's case to a judge or jury. Day Pitney attorneys have decades of trial experience, and possess the substantive depth to handle all types of patent, trademark, copyright, false advertising, right of publicity and Internet-related litigation, as well as disputes regarding intellectual property licensing agreements.
In addition to federal and state court litigation, our attorneys routinely handle cancellation and opposition proceedings before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, and we advise clients about similar proceedings around the world. We also have successfully recouped numerous domain names for clients under ICANN’s Uniform-Domain Name-Dispute Resolution Policy. By using this procedure, we have helped our clients to successfully enforce their rights against cybersquatters and to protect their brands in a cost-effective manner. Extensive trial and scientific experience allow us to present complex technical issues to judges and jurors in straightforward, persuasive ways. This blend of scientific experience and trial litigation prowess provides clients with a cost-effective combination in often high-stakes and complex matters. Our litigation clients range from Fortune 500 companies to startups, and are engaged in such diverse industries as manufacturing, packaging, information services, software, high-technology research and development, pharmaceuticals, toy, retail sales, telecommunications, financial services, banking, insurance, health care, utilities, advertising and media.
Our litigators are experienced in litigating issues unique to patent and trademark law, including:
- Early assessment of patent validity, enforceability and infringement
- All aspects of Markman proceedings
- Assessment of patent damage claims
- Trial of infringement cases before judges and juries
- Disputes over inventorship on an issued patent
- Interference proceedings at the Board of Patent Appeals and Interferences
- Proceedings before the International Trade Commission
- Appeals before the Court of Appeals for the Federal Circuit
- Coordination of worldwide legal proceedings as part of a client’s overall strategy for its patent portfolio
Some clients for whom we provided litigation/trial services are:
- A leading manufacturer of medical devices
- A leading window treatment manufacturer in a multimillion-dollar dispute involving patent claims and antitrust counterclaims
- The industry leader in the field of portable electronic environmental monitors in patent infringement litigation
- An international manufacturer of brushless DC, fans in a patent infringement action that we tried to jury verdict
- Major international manufacturers of gas analyzers in litigation involving allegations of patent infringement, trade secret misappropriation and fraud
- A leading manufacturer (and supplier to international retail chains) of hand tools, in a patent infringement action in which our client prevailed after a successful Markman hearing
- An industry-leading developer and manufacturer of paper and consumer packaging products, in multiple patent infringement actions in the Eastern District of Texas
- A manufacturer of specialty optical fibers, in a dispute with an international powerhouse competitor in a patent infringement action involving 10 patents
- A leading toy manufacturer in multiple patent infringement actions
- A leading consumer electronics manufacturer in multiple patent infringement actions involving digital television technology
- A leading manufacturer in a successful trial and appeal of an infringement action involving electronic component packaging and handling
Experience
Some clients for whom we provided litigation/trial services are:
- A leading manufacturer of medical devices
- A leading window treatment manufacturer in a multimillion-dollar dispute involving patent claims and antitrust counterclaims
- The industry leader in the field of portable electronic environmental monitors in patent infringement litigation
- An international manufacturer of brushless DC, fans in a patent infringement action that we tried to jury verdict
- Major international manufacturers of gas analyzers in litigation involving allegations of patent infringement, trade secret misappropriation and fraud
- A leading manufacturer (and supplier to international retail chains) of hand tools, in a patent infringement action in which our client prevailed after a successful Markman hearing
- An industry-leading developer and manufacturer of paper and consumer packaging products, in multiple patent infringement actions in the Eastern District of Texas
- A manufacturer of specialty optical fibers, in a dispute with an international powerhouse competitor in a patent infringement action involving 10 patents
- A leading toy manufacturer in multiple patent infringement actions
- A leading consumer electronics manufacturer in multiple patent infringement actions involving digital television technology
- A leading manufacturer in a successful trial and appeal of an infringement action involving electronic component packaging and handling
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