The firm has extensive experience litigating offensive and defensive utility patent infringement matters in a diverse range of technologies. We have successfully litigated patent infringement matters against the largest, most prestigious law firms representing some of the world’s largest companies. Often, we have been able to resolve utility patent matters on an expediated basis by identifying key strategies to pursue at the onset of the case and deploying our resources to cost-effectively implement those strategies. The firm has the skill and resources needed to litigate any utility patent infringement matter, regardless of the size or the adversary, and is proud to have been retained for, and prevailed in, numerous patent infringement offensive and defensive litigation matters since its founding, including resolving matters through early dispositive motions, and, when necessary, prevailing at trial. For example, we were:

• Trial counsel where it obtained a complete defense verdict in a $500 million, multi-patent infringement defense;
• Trial counsel where it obtained a $16 million jury award in three-week patent infringement trial;
• Trial counsel where it obtained a permanent injunction and $7.3 million jury award in an offensive matter protecting a $100-million-dollar-a-year product line;
• Trial counsel for a mid-sized software company in a multi-patent offensive matter resulting in an eight-figure jury verdict after a three-week jury trial;
• Lead counsel for a small, disruptive media streaming company achieving summary judgment against a large, multi-national company in two related multi-patent, defensive matters;
• Lead counsel in a defensive patent infringement matter for an industrial equipment supplier convincing the court to deviate from local practice and consider an early motion for summary judgment that was successful on three separate, independent grounds and attorneys’ fees were recovered;
• Lead counsel for an industry leading supplier of a popular self-balancing vehicle in several defensive patent infringement matters; and
• Lead counsel in numerous other offensive and defensive patent infringement matters that have been successfully resolved, including matters involving chief competitors, market leaders pursuing claims against their smaller rivals, and non-practicing entities.

The firm takes pride in its ability to master virtually any technology area.  Our lawyers have handled patent matters involving many different technologies, including:

We are unique among IP Litigation firms in having extensive experience litigating design patents. Some of these design patent litigation victories include: Lead counsel for Fortune 500 company seeking licenses to design patents covering thousands of products as well as declaratory judgments of non-infringement and invalidity of some patents; lead defense counsel in design patent infringement case involving kitchen appliances in recreational vehicles; and lead counsel for exclusive design patent licensee, in design patent infringement litigation related to aftermarket vehicle parts brought by patent owner, resulting in a permanent injunction and attorney fee award.

The firm has represented its clients in navigating commercial spaces occupied by some of the most prolific design patent holders in the world. In doing so, we have uniquely positioned ourselves as a preeminent design patent law firm and has developed a wealth of knowledge and competency on the cutting edge of design patent law including not only litigation in United States District Court, but disputes before the International Trade Commission, Patent Trial and Appeal Board, and appellate practice before the Court of Appeals for the Federal Circuit. We have represented is clients in both defensive and offensive matters and is also experienced in offensive invalidity and noninfringement challenges, proactively bringing the fight to design patent holders when a bold approach is strategically appropriate. Additionally, the firm has been able to resolve many of design patent disputes outside of court in a manner that is cost-effective and favorable to all parties involved. We have an unmatched mastery of design patent law, which is unfamiliar to many patent practitioners whose focus is primarily on utility patents. And we have the breadth and depth of talent and resources needed to litigate any design patent infringement or invalidity matter, regardless of the size and challenges presented by any given case.

The firm’s lawyers recognize that your brand and your trademarks —and the goodwill they represent— are among your company’s most valuable assets.  We are experienced and adept at handling the litigation of trademark and false advertising disputes arising under the Lanham Act and related state unfair competition laws.  We understand that trademark and unfair competition matters frequently require urgent attention in the form of a preliminary injunction or a TRO proceeding.  We are willing and able to work around the clock to pursue or defend expeditious matters relating to your company’s goodwill.  We are proud to have been retained for, and to have been successful in, numerous trademark and advertising matters. Relatedly, the firm protects your brands in cyberspace and has successfully handled domain name and cybersquatting disputes for clients both in UDRP arbitration and in federal courts nationwide.

The firm was (or is):

• Lead counsel for a small, disruptive media streaming company against a large, multi-national company that settled after the court indicated its intention to grant the firm’s summary judgment motion on the plaintiff’s false advertising and unfair competition claims;
• Lead counsel for a Fortune 500 company seeking a declaration that its client’s sale of aftermarket repair vehicle grilles allegedly embodying trademarks of large original equipment manufacturers did not constitute trademark infringement under the doctrines of functionality and the right to repair, and that such claims are barred by laches, acquiescence, and estoppel.  The case settled in an early preliminary verdict with the magistrate judge recommending denying the OEM’s motion to dismiss on all grounds;
• Lead counsel for the nation’s largest provider of legal funding services in a trademark infringement matter wherein the firm’s two motions for partial summary judgment were granted, maximum statutory cybersquatting damages were awarded, and the court found the case was exceptional granting the full amount of the firm’s attorney fees; and
• Lead counsel for a large Pizza Hut franchisee in a defensive trademark infringement matter asserted by Little Ceasars wherein a settlement and co-existence agreement was negotiated based on the client’s prior use of the asserted trademarks.

The firm’s lawyers have a long history of success in copyright infringement matters, and their experience involves a diverse range of media.  Our experience spans a wide range of industries, including computer software and other technology, financial services, engineering schematics, entertainment and media, toys and games, sculptural works, and automotive parts.  The best evidence of our expertise in copyright matters is the fact that when a premier intellectual property law firm was sued for copyright infringement, it selected Barry Irwin, and his firm to handle its defense.  Clients rely on us to provide full service for all of their copyright needs.  For example, long-time client, Massarelli’s Lawn Ornaments, a leader in the lawn and garden statuary sector, continues to rely upon the firm to protect and enforce its valuable designs, as well as defend it in copyright matters.

The firm represents corporations and individuals in all phases of litigation, from obtaining and defeating initial TROs and preliminary injunctions through trial and any appeals.  We are also experienced in asserting and defending claims under the Digital Millennium Copyright Act (DMCA).  Our attorneys understand copyright litigation and craft legal strategies with our client’s business interests in mind.  If it comes to trial, our attorneys have experience actually trying cases and winning them.

The firm’s lawyers have successfully protected trade secrets from unlawful misappropriation, and enforced non-compete agreements.  In doing so, our lawyers not only saved their clients’ businesses, but made new law.

We have also successfully defended its clients against claims of wrongful misappropriation and breach of non-compete agreements, preserving their ability to continue working and selling key product lines.

As with trademark and advertising matters, non-compete and trade secret matters also often require urgent attention in the form of a preliminary injunction or TRO proceeding.  We work around the clock to pursue or defend these matters.

The firm has extensive experience in litigating a myriad of complex non-IP and IP-adjacent business matters, such as breach of contract, antitrust, unfair competition, and tortious interference claims. Our team has successfully assisted businesses that operate in a wide variety of industries—such as commercial equipment, film, fine arts, fitness equipment, aftermarket automotive parts, software and chemicals—in obtaining favorable results in even the most complex of matters. For example, we have successfully:

• Resolved a dispute between a licensor and licensee and assisted in reacquiring licensing rights;
• Obtained a settlement for an indemnification dispute between a commercial kitchen equipment dealer and equipment manufacturer;
• Defended a motion to dismiss certain antitrust and RICO claims for a supplier of aftermarket automotive parts which was recommended to be dismissed in its entirety;
• Secured a settlement for a replevin dispute for auction purchasers of a fine art painting;
• Defended against summary judgment on antitrust counterclaims for a market leader; and
• Obtained a settlement for a chemical company in breach of contract case regarding a joint development dispute.

Regardless of the complexities of the case, we provide cutting-edge representation, strategy, and efficiency to obtain the best results for its clients.