INTELLECTUAL PROPERTY LITIGATION, DISPUTE RESOLUTION & PATENT POST-GRANT PROCEEDINGS

Our attorneys have extensive experience in trademark matters, providing clearance and opinions on the availability of proposed marks and devising a monitoring and enforcement strategy. We can assist in developing a comprehensive branding campaign to protect and safeguard your market position.

We have extensive experience in searching, filing and prosecuting applications to registration in the U.S. and globally, maintaining registrations, recording registrations with U.S. Customs to prevent entry of counterfeit products, licensing, domestic and international trademark portfolio management, and counseling clients on branding strategies and performing clearance searches with the USPTO.

Pre-Litigation Investigations

We often assist clients with the initial shaping of an enforcement matter, whether it’s receiving the first demand letter, or launching a pre-suit investigation to determine the likelihood of success in litigation. We provide an analysis and options based on the client’s risk appetite and concerns, and work with clients to choose a predictable and proper path forward.

Patent Litigation

Our litigators regularly handle patent litigation matters in federal district courts across the country, the Court of Appeals for the Federal Circuit, and arbitration. With our varied and deep industry knowledge, we provide clients, whether large or small, patentee or accused infringer, Fortune 500 or bootstrapped, with tailored, cost-effective, predictable, and business-savvy solutions to their problems.

Trademark, Copyright and Trade Secret Litigation

We regularly handle contentious matters involving trademark, copyright and trade secret issues. We represent both plaintiffs and defendants in trademark, trade dress, false advertising, unfair competition and related Lanham Act and state law claims, as well as U.S. Customs and Border Protection seizures and ICANN Uniform Dispute Resolution Procedure (UDRP) for cyber-squatting and domain name issues. We handle all phases of litigation, from preliminary injunction to appeal in federal and state courts throughout the United States. Our attorneys have particular expertise in consumer goods, kitchenware, fashion, home accessories, real estate, software, entertainment, games and toys, medical devices, and hospitality and food industries. We also regularly practice before the Trademark Trial and Appeal Board in opposition and cancellation proceedings.

Our Copyright Litigation attorneys regularly counsel clients and handle cases before federal district courts in matters related to fair use, originality, secondary liability, willful infringement, work-for-hire issues, counterfeiting, and procedures under the Digital Millennium Copyright Act (DMCA), including take down notices and DMCA compliance.

We also regularly counsel and represent clients in federal and state trade secrets litigation. We have experience in research and development, software algorithms, product design, formulas, methods, customer list, industrial espionage, technology, and employee trade secrets cases. We also advise our clients on restrictive covenants.

Post-Grant Proceedings

Our attorneys have experience with various post-grant proceedings before the USPTO. Having represented and advised clients on Inter Partes Review proceedings, ex-parte reexaminations, Post-Grant Reviews, and other related proceedings, we possess a deep understanding of the procedural, technical and substantive issues involved.

Below is a summary of our attorneys’ recent experience:

Sylo Supply Inc. et al. v. Juzihao Resource Management Co. Ltd., Case No. 1:20-cv-05633, Eastern District of New York – copyright infringement

Star Fabrics, Inc. v. Burlington Stores, Inc., Case No. 2:20-cv-09457, Central District of California – favorably settled copyright infringement case

RJ Brands LLC v. Conair Corporation¸ Case No. 2:20-cv-13808, District of New Jersey – design patent infringement

Ramot Hills LLC v. Homy Casa Limited, Case No. 1:20-cv-03154, Northern District of Illinois – design patent infringement

Apple Inc. v. Joseph Wiesel, Case No. IPR2020-01540, Patent Trial and Appeal Board – patent invalidity proceeding

Rubinstein & Associates, PLLC v. Entrepreneur Media, Inc., Case No. 2:20-cv-04173, Eastern District of New York – trademark infringement

Godinger Silver Art, Ltd. v. The Winsford Company LLC, Case No. 1:20-cv-04109, Eastern District of New York – trademark infringement, unfair competition, trade libel and tortious interference

Lily & Val, LLC v. HBCY Creations, LLC, Case No. 1:20-cv-026677, Eastern District of New York – favorably settled copyright infringement case

HBCY Creations, LLC v. Twin City Fire Insurance Company, Case No. 1:20-cv-02881, Eastern District of New York – favorably settled insurance dispute regarding underlying copyright infringement case

Lighting & Supplies, Inc. v. New Sunshine Energy Solutions Inc., et al., Case No. 1:20-cv-02790, Eastern District of New York – favorably settled trademark infringement case

Fantastic Industries, Inc. v. Kryman et al., Case No. 1:20-cv-02402, Eastern District of New York – trademark infringement

Home4U Inc. et al. v. Starlux Games, LLC, Case No. 2:20-cv-06272, District of New Jersey – patent infringement and abuse of amazon takedown process

Longwell v. Fashion GPS, Inc., Case No. 1:19-cv-05266, Southern District of New York – favorably settled copyright infringement case

Wiesel v. Apple, Inc., Case No. 1:19-cv-07261, Eastern District of New York – patent infringement

Endobotics LLC v. Fortimedix Surgical B.V. et al, Case No. 3:17-cv-02425, Southern District of California – patent infringement

Endobotics LLC v. Medrobotics Corporation, Case No. 1:19-cv-00381, District of Delaware – patent infringement

Endobotics LLC v. Design Standards Corp., et al, Case No. 1:20-cv-10742, District of Massachusetts – patent infringement and trade secrets

Sylo Supply Inc. et al v. Starlux Games, LLC, Case No. 1:20-cv-00418, Eastern District of New York – patent infringement and abuse of amazon takedown process – settled following successful mediation

Empire State Management LLC v. ESRT Empire State Building, LLC, Case No. 1:20-cv-00802, Eastern District of New York – trademark infringement

Apple Inc. v. Qualcomm Incorporated, Case No. 3:17-cv-00108, Southern District of California

In Re: Qualcomm Antitrust Litigation, Case No. 5:17-md-02773, Northern District of California

Reflex Media Inc. v. Gladium Limited et al, Case No. 2:16-cv-07395, Central District of California – multiple successful motions to dismiss followed by favorable settlement in trademark and trade dress infringement case

Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof, Inv. No. 337-TA-1093, International Trade Commission

Welch Allyn, Inc. v. OBP Corp., Case No. 5:14-CV-1122, Northern District of New York – patent infringement

Endoheart AG v. Edwards Lifesciences Corporation, Case No. 1:14-cv-01473, District of Delaware

Virco MFG Corporation v. Hertz Furniture Systems LLC et al, Case No. 2:13-cv-02205, Central District of California

Hertz Furniture Systems LLC et al v. Virco MFG Corporation, Case No. 2:13-cv-09474, Central District of California

Nivel Parts & Manufacturing, Inc. v. Club Pro Manufacturing USA, Inc., Case No. 3:12-cv-00821, Middle District of Florida