Top Rated

Representative Litigations

Our Counsel Have Represented Leading Corporations for Their High-Stakes Litigations . . . A.V. Imports v. Spirits International, N.V. A.V. Imports v. Spirits International N.V., No. 92043340 (Trademark Trial and Appeal Board (TTAB) May 19, 2004). Representation of plaintiff A.V. Imports, Inc., and its successor A.V Brands, Inc. which sought cancellation of the trademark registration RUSSKAYA for vodka on the grounds of abandonment. A.V. Imports, Inc. v. Col De Fratta,




Patent Attorney

In WiAV Solutions LLC v. Motorola, Inc., No. 10-1266 (Fed. Cir. Dec. 22, 2010), the Federal Circuit broadened the scope of exclusive license by holding that “a licensee is an exclusive licensee of a patent if it holds any of the exclusionary rights that accompany a patent.” The licensing rights at issue were held by six third-parties and seven patents owned by Mindspeed Technologies, Inc. After a series of spin-offs




Trade Secret and Contract Law

The Federal Circuit has recently articulated the position that a contractual agreement to transfer otherwise secret information will override trade secret protections that may be in place. The recent case on-point was Convolve, Inc. v. Compaq Computer Corp., No. 2012-1074, 2013 WL 3285331 (Fed. Cir. July 1, 2013), reaches back more than a decade to 1998, when MIT and Convolve sued a group of defendants for both trade secret misappropriation




Myriad and Patenting of the Human Gene

The June 2013 Supreme Court decision in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 12-398 (2013) which considered whether portions of human genes may be patented, fueled an extraordinary amount of heated discussion for an intellectual property case. The patents at issue in Myriad concern mutated genes associated with increased risk of breast and ovarian cancer. Health care advocates worried that a ruling in favor of patentability would make




Post Grant Proceedings

Aside from litigation before the federal district courts, the validity of granted U.S. patents may be challenged before the U.S. Patent and Trademark Office. Post grant proceedings are in fact a changing and vibrant area of patent law, as the America Invents Act (AIA)  has changed the landscape for such post grant challenges. Following AIA, the collection of post grant proceedings used to effect patent validity challenges comprises Ex Parte




Do Business Method Patents Hurt or Help?

Do Business Method Patents Hurt or Help? A Financial Industry Perspective, 14 VA. J.L. & TECH. 147 (2009). Abstract The State Street Bank decision of 1998 affirmed U.S. business method patents. Along with the subsequent downpour of patent filings came a shower of commentary from the legal and business communities alike. The literature has generally been thoughtful and well-reasoned, or at least well-meaning. But as practitioners in the fields, we




Employee Access vs. Misappropriation of Trade Secrets

The Michigan District Court in Dana Limited v. American Axle and Manufacturing Holdings, Inc., 1:10-cv-00450 (W.D. Mich. Aug. 19, 2013) addressed an important aspect of a trade secret misappropriation claims, holding that the mere fact that a former employee had access to a valid trade secret does not necessarily mean that he or she misappropriated the trade secret just, by the act of accepting employment at a competing company. In May




IP License Agreements Under the AIA

Over the past few years, there has been an ongoing subject matter jurisdiction battle between state courts and federal circuit courts. This jurisdiction battle is especially prevalent in cases where a complaint asserts a non-patent cause of action with an underlying patent issue, such as disputes over intellectual property licensing or malpractice claims. In most patent cases the “arising under” analysis for the Federal Circuit jurisdiction is fairly straight forward because a




Copyright Violation and the Constitutionality of Excessive Damages – Music Downloaders Beware!

The Eight Circuit affirmed the constitutionality of statutory damages for copyright infringement against the challenge that it is disproportionately excessive in Capitol Records, Inc. v. Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012). In 2011, record companies sued a woman for making copyrighted music available to others for free download by using a file-sharing service.  First the jury awarded the record companies $222,000 in damage.  Months after the verdict, however, the district court granted a new




Strategic IP Counseling

IPLL evaluates the business strength of technologies through market segmentation and detailed analyses of relevant systems, products and employed methodologies. We employ the services of leading experts in the relevant technologies as well as experts in damages. In the high technology area, representative industries include electronics, telecommunications, Internet, software, computer hardware, financial services, semiconductors and optical systems. In the sciences industries, representative industries include biotechnology, medical devices and pharmaceuticals. Our