INTELLECTUAL PROPERTY LITIGATION: DESCRIPTION

As companies become increasingly attuned to the value of intellectual property rights, intellectual property litigation has increased proportionately. McKenna Long & Aldridge's intellectual property litigation team includes lawyers well-versed in the technicalities of intellectual property law, particularly in technology industries, as well as lawyers with extensive experience in litigating and trying intellectual property cases. Our clients have found the versatility of our team to be particularly helpful in complex patent, copyright and trademark litigation involving highly specialized technology. Our lawyers have experience covering all technology areas, including most with advanced postgraduate degrees in the involved technology.

Our Intellectual Property team counsels clients on the availability of patent protection and also prosecutes and defends our clients' rights in disputes of infringement or misappropriation. MLA's trial lawyers have extensive experience in patent litigation should our clients be sued or should they need to protect their patents through litigation or in the U.S. Patent Office (including interferences).

Our firm tries IP cases in courts throughout the U.S., asserting infringement and defending against such assertions. We litigate across a spectrum of technologies, including biotechnologies, medical products, telecommunications, software-based products and other industrial, mechanical and consumer products. We also have extensive experience before the U.S. Court of Appeals for the Federal Circuit and the International Trade Commission. Our group includes several former Federal Circuit clerks and ITC staff experience.

MLA also has substantial experience in intellectual property related claims against the U.S. government, both administratively and before the U.S. Court of Federal Claims, leveraging its immense experience in government contracts claims and litigation. Our intellectual property litigation experience includes cases covering patent, trademark/trade dress, copyright, trade secrets and related commercial disputes in the areas of antitrust, unfair competition, trade secrets and other technology related areas such as cybersquatting and domain name disputes.

Recent Representative Matters

• Represented a large medical products company regarding medical implant and procedure in related district court and Federal Circuit patent cases and appeals resulting in summary judgment and preliminary injunction and a jury verdict on validity, all in favor of our client as well as a favorable result on appeal followed by a very favorable settlement
• Represented another medical product company regarding medical implant patent as plaintiff in district court litigation resulting in very favorable settlement and licensing of our client's technology
• Represented defendant in patent litigation in district court regarding mechanical products related to travel trailers that was resolved in a quick and favorable settlement for our client
• Represented defendant regarding a trade dress dispute for over the counter pharmaceuticals that resulted in a favorable settlement and avoidance of subsequent attempted contempt proceedings by plaintiff
• Represented Internet-related business as plaintiff and complainant in cybersquatting and trademark disputes in arbitration and related district and state court actions resulting in wins across the board for our client and favorable settlement
• Represented clients in intellectual property disputes with the U.S. government involving administrative claims before the relevant agencies
• Prepared amicus briefs to U.S. Supreme Court in Festo Corp. v. Shokitsu Kinzoko Kogyo Kabushiki Co., No. 00-1543 (U.S. 2001)

For more information, please contact Matthew T. Bailey.