Intellectual Property Litigation

Our experience includes litigating copyright infringement, trade secret, patent infringement, unfair competition, and related causes of action.

Our firm routinely litigates on behalf of plaintiffs, defendants, and amici in intellectual property cases.  Our experience includes litigating copyright infringement, trade secret, patent infringement, unfair competition, and related causes of action.    Our attorneys have substantial experience litigating these claims in federal district courts around the country, in particular in the Eastern District of Virginia’s “rocket docket.”  We also have represented parties and amici in the Supreme Court and federal courts of appeal.

Representative trial court experience includes:

  • OpenRisk, LLC v. MicroStrategy Services Corp., No. 1:15cv1451 (E.D. Va.) & No. 16-1852 (4th Cir.). We represented the defendant in a case arising out of the plaintiff’s efforts to develop a web-based platform using the defendant’s software product.  We obtained a complete victory for the client in the trial court and secured affirmance of that ruling in the Fourth Circuit.
  • Cava Mezze Grill, LLC v. Mezeh, Inc., No. 1:17-cv-1148 (E.D. Va.). We represent the plaintiff in an action filed against a direct competitor alleging violations of the Lanham act.
  • L-3 National Security Solutions v. Innovative Wireless Technologies, No. 12-cv-00059 (E.D. Va.).  We represented the plaintiff and counterclaim-defendant in a case arising out of the parties’ contract to develop and market communications technology.
  • Atlantic Recording Corp., et al. v. Project Playlist, Inc,. No. 08 Civ. 3922 (S.D.N.Y.). We represented six Universal and Warner record labels in a copyright infringement suit directed at a Palo Alto company that streamed our clients’ copyrighted recordings to users around the world without permission.  After about a year of litigation, we forced the defendant to settle.  They entered prospective licensing agreements with our clients, and paid fees for past infringements.
  • Tybrin v. Northrop Grumman Space & Mission Systems Corp., A. No. 3:09-CV-115 (N.D. Fla.). We represented Northrop Grumman Corp. in a suit alleging that it had breached a software license and infringed the plaintiff’s copyrights by marketing aviation mission planning software to military contractors overseas.  The court denied the plaintiff’s motion for a preliminary injunction after a day-long evidentiary hearing, and the case settled immediately thereafter on favorable terms.

In addition to defending our trial court successes on appeal, we also are frequently retained to take over appeals from trial counsel or represent amici curiae with respect to developing intellectual property issues.  Representative appellate experience includes:

  • Unova Inc. v. Acer Inc., 363 F.3d 1278 (2004). We represented Unova in a Federal Circuit appeal involving the enforcement of a patent-release clause.  The Federal Circuit reversed the grant of summary judgment against our client and ruled that our reading of the clause was correct as a matter of law, allowing our client to pursue patent-infringement claims against Acer’s parent company.
  • Microsoft Corp. v. i4i Limited Partnership, 131 S. Ct. 2238 (2011). We represented Apotex, Inc., a major generic pharmaceutical manufacturer, as amicus curiae in a case involving the proper standard of proof for patent invalidity.
  • Kirtsaeng v. John Wiley & Sons, Inc., 133 S. Ct. 1351 (2013).  We represented Costco Wholesale Corp., as amicus in support of petitioner, in a Supreme Court case addressing whether the Copyright Act’s first-sale doctrine reaches copies made and sold abroad by a U.S. copyright holder.  In March 2013, a 6-3 majority of the Court adopted the position advanced by Costco, with extensive citation to legislative history presented in Costco’s brief.