Patent & Trade Secret Litigation

"This firm's full-service IP practice handles work in the USA and abroad, and is particularly noted for its prowess in patent and trade secret disputes." – Chambers USA

Our IP lawyers handle sophisticated litigation and trials in all IP subjects, with particular expertise in complex patent and trade secret proceedings in U.S. district and state courts, patent trials in the ITC and in WIPO arbitrations as well as infringement, nullity and opposition hearings in a host of European tribunals. Our lawyers are equally adept in the  preparation and prosecution of strategically important patent and trademark applications, and copyright registrations. 

Our experience extends to trials before state courts, U.S. District Courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. International Trade Commission, and the Judicial Panel on Multidistrict Litigation, as well as numerous arbitration and mediation proceedings, particularly under the WIPO Rules. 

We have also engineered comprehensive programs for protecting and enforcing valuable and well-known trademark and trade-dress rights for many famous luxury goods, computer and consumer product companies, including anti-counterfeiting actions in the courts and through U.S. Customs actions.

Our ITC litigators have decades of experience trying patent infringement matters in the ITC including as Staff Counsel for the ITC itself. These complex cases require the experience our attorneys offer, from knowledge of the technology to the experience in the running of the day-to-day efforts in the multi-party, fast-track litigation.  Our IP lawyers are also highly experienced in directing IP-related proceedings abroad.  They routinely partner with local counsel in a large number of foreign countries to direct and coordinate protection and enforcement of our clients' important IP rights around the world (including trials seeking preliminary relief and/or cross-border injunctions), as well as nullity, cancellation and opposition proceedings in various courts, patent tribunals and patent offices throughout the world.

Our IP litigators are also experienced in the supervision, management  and trial of large, complex civil patent cases - efficiently handling the burdens of enormous discovery in highly contentious litigations, and working closely with technical consultants, experts and in-house counsel to effectively and efficiently further the interests of our clients.  We continually explore state of the art technologies to help us organize and manage discovery and trial materials, design exhibits and communicate with our clients.  We have extensive experience in conducting Markman hearings and achieving successful results that are carried forward into winning summary judgment and other case-dispositive motions to significantly reduce or eliminate the issues remaining for trial.  In several instances, our lawyers have achieved summary judgment of an entire case in our clients' favor, and on more than one occasion, have even obtained the affirmative grant of summary judgment of patent infringement in favor of our clients.  While we have been particularly effective in utilizing carefully focused motion practice to reduce or eliminate costly discovery and trial issues and burdens, in those cases that have gone to trial, our lawyers have been successful in achieving highly favorable jury verdicts and judgments.

  •  AngioDynamics in defending against charges of infringing three C.R. Bard patents
  • Angiodynamics in defending an infringement suit brought by Catheter Flushing, LLC on a patent relating to catheter devices
  • Atlantic Richfield Company, Chevron U.S.A., Inc., Exxon Corporation, Mobil Oil Corporation, Shell Oil Products Company and Texaco Refining and Marketing, Inc. in a bench trial involving alleged inequitable conduct during prosecution of plaintiff Union Oil Company of California’s patent directed to unleaded automotive gasoline
  • AT&T Mobility in defending against charges of infringing three patents of Development Innovation Group, LLC
  • AT&T Mobility in defending a patent infringement action filed by Adaptix, Inc., a 4G wireless technology company
  • Bombardier Inc., Bombardier Corporation and Bombardier Motor Corporation in an action brought by Yamaha Motor Co. and Sanshin Industries Co., Inc. involving allegations of infringement of 33 patents directed to personal watercraft
  • Cannon Avent Group, PLC in obtaining summary judgment that its non-spill cup products did not infringe asserted patents
  • General Atomics as a cross-claimant alleging, inter alia, trade secret misappropriation by a former employee and his new company dealing with laser-based three dimensional imaging systems
  • Heidelberger Druckmaschinen AG in asserting patents covering digital color-image storage technology
  • Hoffmann-La Roche Limited in a Notice of Compliance proceeding in Canada brought by Apotex Inc. with respect to Roche’s Canadian patent
  • Hoffmann-La Roche Inc. in a preliminary injunction in response to Paragraph IV Certifications filed by defendants Apotex Corp. and Apotex Inc. to enjoin Apotex from entering the market with its generic drug products prior to the expiration of Roche's patent-in-suit
  • Hoffmann-La Roche Inc. in defending a case brought by Genpharm alleging infringement of Roche's patents directed to a process of manufacturing ticlopidine hydrochloride
  • Hoffmann-La Roche AG in patent opposition proceeding in India brought by Bakul Pharma Pvt. Ltd. with respect to a Roche patent
  • IBM in asserting several patents related to database management, distributed computing and data processing
  • IBM as declaratory judgment defendant in claims by ASUSTek Computer, Inc and ASUS Computer International and as counterclaim plaintiff patentee
  • IBM in a patent counterclaim brought by SCO involving three patents related to high availability and encoding
  • IBM against claims by Compuware of trade secret theft, copyright infringement and antitrust violations and in asserting counterclaims of infringement of six patents related to graphical user interfaces, error detection and system monitoring
  • IBM against charges of infringing four complex computer patents in the area of data storage, memory control and parallel processing data
  • IBM in defending charges by Data General of infringement of a dozen complex computer patents, including a patent infringement counterclaim for infringement of seven IBM patents in various aspects of computer technology
  • Lucent in asserting several semiconductor device and fabrication technology patents as well as breach of license/contract claim and in defending a countersuit of complex telecommunication patents
  • Medinol Ltd. in an infringement action involving several patents relating to cardiovascular stents
  • Medinol against charges of infringement by Scimed Life Systems, Inc. and Boston Scientific Scimed, Inc of patents relating to cardiovascular stents
  • Merck & Co. in Hatch Waxman suits concerning Merck's Propecia product
  • Merck & Co. in Hatch-Waxman suits involving Merck's Singulair product
  • Mobil Oil Corporation in a bench trial involving damages awarded to Mobil for infringement of Mobil's patents directed to ZSM-5 catalysts and processes for conversion of hydrocarbons
  • Priceline.com, Inc. in asserting the famous "Priceline Patent" against Expedia
  • Priceline.com against charges of trade secret misappropriation and a patent inventorship dispute including demands for ownership of the famous “Priceline Patent”
  • Procter & Gamble Company in a bench trial resulting in an award for defendant's infringement of patents for barrier leg cuffs for diapers
  • Qualcomm Incorporated in defending against charges of infringement of seven patents of ParkerVision, Inc
  • Qualcomm Inc. against allegations of patent infringement brought by Broadcom Corp.
  • Robert Bosch GMBH in asserting patents covering silicon plasma etching technology
  • Roche Palo Alto LLC in patent infringement action against defendants Ranbaxy Laboratories Limited and Ranbaxy Inc.
  • Schering in a Hatch-Waxman suit involving Schering's Noxafi product
  • Symbol Technologies, Inc. in a declaratory judgment action seeking invalidity of defendant's patent covering encoded identification cards
  • Zhengzhou Jinhui Computer System Engineering, Ltd. as co-defendant in an action brought by CYBERsitter, LLC a California based producer of software that filters objectionable online content, against the Chinese government, and Sony, Lenovo, Toshiba, Acer, ASUSTeK, among others, alleging copyright infringement owing to alleged use in their bundled filtering software of 3,000 lines of CYBERsitter's programming code

NEWS

RESOURCES

9 Attorneys

Auth Ph.D., Dorothy R. Partner New York
T. +1 212 504 6018
Cole, Dash Associate New York
T. +1 212 504 6755
Hughes, Christopher A. Senior Counsel New York
T. +1 212 504 6891
Moehringer, John T. Partner New York
T. +1 212 504 6731
Moll, Peter E. Partner Washington
T. +1 202 862 2220
Pollaro, Robert M. Special Counsel New York
T. +1 212 504 6484
Powell, Michael B. Associate New York
T. +1 212 504 6246
Tully, Danielle Vincenti Associate New York
T. +1 212 504 6585
Wizenfeld, Howard Special Counsel New York
T. +1 212 504 6050

Contact(s)

Christopher A. Hughes
+1 212 504 6891 
christopher.hughes@cwt.com
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