The firm’s renowned IP litigation team is distinguished by decades of combined experience. We have litigated patent, trademark, copyright and other related matters before federal courts across the country, including the Eastern District of Texas, Eastern District of Virginia, District of Delaware, Middle District of Florida, Northern District of Georgia, Western District of Wisconsin, and Northern and Southern Districts of California. After trial, our team has likewise led appeals before multiple circuit courts of appeals, the Federal Circuit, and the U.S. Supreme Court.
Our attorneys have also litigated several cases through trial and appeal before the United States International Trade Commission and the U.S. Patent and Trademark office. In one case, our attorneys represented a manufacturer in one of the largest ITC investigations to date.
The firm’s litigation services also include pre-litigation counseling, discovery, depositions, preparation of expert witness reports, all aspects of trial preparation and strategy, and appeal. We are also skilled at alternative dispute resolution, including arbitration and mediation, and have extensive experience conducting mediation before retired judges.
We are equally versed in handling large, complex licensing negotiations. The team has led extended cross license negotiations valued in excess of a billion dollars. We can structure and negotiate all types of IP-based transactions, including efforts to monetize patent portfolios, license copyrights, and protect trademarks.
- Client: Large State University System
We are currently representing the defendants in the U.S. District Court for the Northern District of Georgia in one of the most contentious copyright infringement cases in the education sector, which is helping define the scope of fair use in the university setting. The plaintiffs alleged that our client digitized over 6,700 published works and made them available via PDF for students on a course management software and class websites without permission from the copyright holder for the students to view and print the documents. There were 99 allegations of infringement. The matter was tried and appealed to the 11th Circuit Court of Appeals, and now has been remanded back to the District Court for further proceedings.
- Client: Children’s Products Manufacturer
The attorneys represented a children’s products manufacturer in federal court in the Southern District of Ohio in a case stemming from alleged copyright infringement. The plaintiff claimed drawings he rendered nearly twenty years ago of various children’s product designs and furnished to our client were subsequently used by our client as physical products. The parties never entered an agreement as to the rights of the design. Our client contended that the copyrights were invalid because the drawings were designs for a “useful article” and that it was copyrightable only if it incorporated a design element. The case was successfully settled on behalf of our client.
- Client: Auto Fluids Manufacturer
We defended our client against four claims of patent infringement in both the U.S. District Court, Northern District of Georgia and the U.S. Court of Appeals for the Federal Circuit. Our client, a manufacturer of “clean” technology for the auto industry, created an auto parts washer used to remove contaminants from the surface of the objects. The new product used bioremediation or microorganisms to clean the parts in an effort to lessen the environmental impact associated with prior solvents. The Court invalidated the plaintiff’s patents.
- Client: Mobile Digital Device Manufacturer
We defended our client in a patent infringement case in the U.S. District Court, District of Kansas. The opposing party asked the court to declare it did not infringe on a patent belonging to our client. The patent covers a mobile digital information system used by police that initiates upon acceleration. The system allows cameras and recordings to capture digital data. Our client is also the manufacturer of digital recorders for use by law personnel. The case is still pending.
Shirlene Jackson-Beckford, PhD
Don Prather PhD
A.J. Zucchero PhD