Intellectual Property Litigation

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Intellectual Property Litigation

Our Intellectual Property Litigation Experience

Straight talk is never more important than when a company is facing litigation. At Andrews Kurth, we are prepared to vigorously defend or enforce our clients' intellectual property rights should the need arise. We will communicate and collaborate with our clients every step of the way to ensure expectations are clear and the process is as smooth and painless as possible. 

We regularly appear in the most active forums for patent litigation, including the Eastern District of Texas, the Eastern District of Virginia, the District of Delaware and the International Trade Commission. We maintain offices and trial lawyers in or near each of these forums, which together comprise a significant percentage of patent cases filed each year.

We are skilled in litigation involving technology across all industries, including software, telecommunications, biotechnology, medical, environmental, oil field services, alternative energy and construction. This experience enables us to hone litigation skills necessary for handling intellectual property litigation efficiently, including the presentation of complex technical issues to juries, mastery of cutting-edge demonstrative evidence techniques, the ability to prepare and use expert testimony in the most credible and effective manner, and the ability to obtain a verdict that will be affirmed on appeal or preserve error that can then be raised on appeal.

Intellectual property litigation does not require an army—just the right people, with the right skills. We assemble custom trial teams directly suited to the client’s business and industry, the dispute at issue and the opposing trial team.

Patent Litigation

Ultimately, patents are only as good as they are found to be in the courtroom. We routinely handle high-stakes and highly technical disputes in courtrooms across the nation, representing clients of all sizes and from a wide range of industries. Most importantly, we not only have the proper legal acumen, we have the background required to effectively communicate highly technical matters in the courtroom.

International Trade Commission Proceedings

Section 337 proceedings move rapidly in accordance with the ITC’s unique and specialized rules of procedure. Andrews Kurth is at the ready. We will quickly field a trial team with significant ITC experience. We regularly assist clients as both respondents in these proceedings and those launching such a proceeding against infringers.

Trademarks/Trade Dress/Unfair Competition Litigation

A company’s name and the names of its products and services are vitally important. The scope of our trademark litigation experience is broad, encompassing related areas such as unfair competition, trade dress infringement and false advertising. In addition to litigating in state and federal courts, our lawyers also routinely handle proceedings before the Trademark Trial and Appeal Board regarding trademark registrations and before the U.S. International Trade Commission regarding counterfeit goods. We also help protect our clients’ online identity through domain name arbitrations under ICANN’s Uniform Domain Name Dispute Resolution Policy and bringing actions under the Anticybersquatting Consumer Protection Act.

Copyright Litigation

Copyrights can be highly useful business tools and substantial assets. Our goal as counselors is to ensure that our clients recognize the extent and value of their own copyrightable property and are able to avoid infringement claims through awareness of and respect for the rights of others. Our depth of copyright litigation experience and appreciation of the unique issues involved enable us to develop a fine-tuned, cost-effective strategy to help each client achieve the most beneficial resolution of any type of infringement claim or defense. 

Trade Secrets Litigation

Protecting trade secrets often makes the difference between being first to market or simply one of the pack. At Andrews Kurth we recognize that our clients work hard to gain a competitive advantage, and our intellectual property lawyers work hard to make sure they keep it. Not all trade secrets come packaged in secret formulas or are tucked away in company vaults, and often our most important job is identifying assets warranting protection and the best ways to protect them, whether from departing employees, simple neglect or competitor espionage. Our lawyers advise clients on effective strategies to maximize value and minimize disclosure risks as well as how to protect themselves from being unfairly sued.   

Cease and Desist Letters and Injunctions

Regardless of the type of intellectual property rights involved, enforcement efforts can begin with a cease and desist letter and move quickly to a lawsuit seeking a temporary restraining order, a preliminary injunction, seizure and other kinds of equitable relief. Andrews Kurth has significant experience in fielding quick reaction teams who have the necessary IP substantive expertise, technical expertise and the high-stakes litigation and trial experience required to quickly obtain all forms of equitable relief.

DMCA Takedowns

Andrews Kurth lawyers have significant experience in website takedowns under the safe harbor provisions of the Digital Millennium Copyright Act. We routinely represent conduits, caching services, web hosts and information location tools. We have been involved in takedowns in foreign countries with laws similar to the DMCA. Finally, in cases where the takedown notice was false and filed knowingly, Andrews Kurth has experience in representing the injured party to obtain redress.

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