Overview
In today's fast-paced business landscape, protecting innovations, trade secrets, copyrights, and other intellectual property is vital for maintaining a company's competitive advantage. When disputes over intellectual property arise, companies must take swift and strategic action to safeguard critical assets, prevent loss of rights, and avoid financial and reputational harm.
Often positioned at the forefront of the ever-evolving area of intellectual property law, Epstein Becker Green's Intellectual Property Litigation group partners with clients to protect, enforce, and defend their intellectual property rights and assets. Our team comprises attorneys with in-depth experience and a track record of effectively resolving disputes in a variety of legal venues where intellectual property matters are commonly litigated.
Our clients include domestic and multinational companies, as well as individuals, in such industries as health care and life sciences, entertainment, high technology, software, financial services, manufacturing, horticulture, retail, and print and broadcast media, among others. Our intellectual property litigation attorneys represent clients nationwide in federal and state courts, arbitration, and mediation, and before administrative bodies, including the Trademark Trial and Appeal Board (TTAB), the Patent and Trademark Office (USPTO), the Federal Trade Commission, the National Arbitration Foundation, and the Internet Corporation for Assigned Names and Numbers. Our intellectual property trial lawyers also represent clients before the U.S. Court of International Trade.
The range of intellectual property litigation matters that we handle is similarly broad:
- Trademark, copyright, and patent infringement litigation
- Cybersquatting and other cyberlaw claims, including the unauthorized use of copyrighted materials from the Internet, and e-commerce disputes arising from the licensing or transfer of intellectual property rights
- Federal and state unfair competition claims
- Misappropriation of trade secrets, including invention, confidentiality, work-for-hire and idea assignment agreement disputes; restrictive covenant issues; employee raiding cases; breach of fiduciary duty claims; and breach of contract actions
- Government investigations, including consumer fraud and unfair advertising practices
- First Amendment, libel, slander, and pre-publication review
Our intellectual property litigation lawyers also frequently publish thought leadership on intellectual property topics for a variety of publications, including the ILN IP Insider.
For more information about the firm's intellectual property experience, please visit our Intellectual Property practice area.
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Focus Areas
Experience
Our team of intellectual property dispute lawyers has successfully defended a number of clients and has vast experience assisting clients in addressing intellectual property law matters. Examples of our work in this area include the following:
- Obtained a rare ex parte temporary restraining order on behalf of a supermarket client to put a stop to an ongoing trademark infringement and fraud scheme. The defendants appropriated the well-recognized trademark of one of our client's subsidiary supermarket brands to pass themselves off as franchisees of that brand in order to get financing for fraudulent transactions and other illegal activities. After our restraining order was granted in New Jersey federal court in less than 24 hours, we filed a trademark infringement lawsuit against the defendants.
- Enforced a non-compete agreement and prevented a former employee of our client from continuing employment with a competitor.
- Successfully defended a Silicon Valley-based semiconductor manufacturer in a theft of trade secrets claim.
- Secured the intellectual property of a global medical device company from a former employee who was allegedly competing with the company based on the company's intellectual property, including intellectual property that was sent overseas. We referred the matter to the U.S. Department of Justice.
- Obtained a pre-answer dismissal of a patent and trademark infringement case on behalf of a client in the U.S. District Court for the District of New Jersey.
- Obtained a seven-figure recovery in actual damages and attorney’s fees for copyright infringement of a client’s business documents by a competitor in the vehicle services industry and successfully defended the client’s award before the U.S. Court of Appeals for the Sixth Circuit.
- Won multiple domain name transfers under the Uniform Domain Name Dispute Protocol on behalf of clients from various industries.
- Defended clients in a variety of industries from allegations of patent and copyright infringement asserted by non-practicing entities (trolls).
- Obtained a jury verdict in a trademark and fraud action concerning popular music group The Drifters. As lead trial and appellate counsel, Epstein Becker Green established that a rival of our clients had defrauded the USPTO to obtain registration and secured our clients’ common law priority right to the mark.
- Secured for client Becton Dickinson (BD) the conviction and sentencing of a departing employee who downloaded BD’s confidential information and trade secrets. We obtained an ex parte civil injunction while convincing law enforcement to execute search and arrest warrants that stopped the employee from fleeing the country and replicating a soon-to-be-launched autoinjector-type product.
- Prevailed in various USPTO and TTAB contested matters concerning trademark registrations and challenges.
Contacts
- Managing Director / Member of the Firm
- Member of the Firm
Media
Events
Insights
Insights
- PublicationsNew Year’s Resolutions?: Intellectual Property Questions That May–Or May Not–Get Decided in 20252 minute read
- Blogs
How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast
62 minute read - PublicationsTHAT’S NOT TRUE: Thoughts, Novel or Not, on Truth, Context & Defamation5 minute read
- Media CoverageEpstein Becker Green’s Litigation & Business Disputes Practice, Anthony Argiropoulos Featured in “Litigation ...2 minute read
- Blogs
Mastering Legal Writing: Elevate Your Written Advocacy – Speaking of Litigation Video Podcast
35 minute read - Firm Announcements
Epstein Becker Green Earns Finalist Spots in New Jersey Law Journal's 2024 Legal Awards: Celebrating Excellence in ...
4 minute read - PublicationsOne Sheet to Rap Sheet: Evaluating Proposed Federal Rule for Using Lyrics & Creative Writing to Prove Crimes4 minute read
- Blogs
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
33 minute read - BlogsSpilling Secrets Podcast: Protecting Trade Secrets with E-Discovery2 minute read
- Blogs
Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast
52 minute read - PublicationsSeedlings of Ideas for Artificial Intelligence: Learning from a Genetic Resources/Traditional Knowledge Treaty, the ...4 minute read
- Blogs
Bump Stock Ruling May Presage Loper—and Clearer Answers to Immigration and Bankruptcy Questions - SCOTUS Today ...
8 minute read - BlogsFDA Wins Mifepristone Case, NLRB Denied Lower Injunctive Relief Standards, and “Trump Too Small” Denied Trademark ...7 minute read
- PublicationsIP ├ IP???: The Logic of Election Year Legal Disputes Over Proprietary Intangibles3 minute read
- PublicationsComma, Comma, Comma, Comma, Comma Chameleon: How Punctuation Can Color IP & Other Legal Rights4 minute read
- BlogsSpilling Secrets Podcast: Bracket-Busting Trade Secret and Non-Compete Disputes in Sports3 minute read
- BlogsSpilling Secrets Podcast: Invention Ownership - Why the Tense Matters in Employee IP Provisions3 minute read
- PublicationsThe Good Get: Interviews, The Predicates of Copyright Ownership, & Divorcing Subjects from Owning Copyright Content ...4 minute read
- Firm Announcements
Six Epstein Becker Green Attorneys Named to the 2023 Mid-South Super Lawyers and Rising Stars Lists
10 minute read - PublicationsWith Friends Like These: Copyright Implications of Novelists Drawing Inspiration from the Real Lives They Cross ...3 minute read
- PublicationsMaybe Duct Tape Can’t Fix Everything: Slippery Standards as Copyright Goes Bananas4 minute read
- Publications
Make Your Mark on History: Connecting Tradenames to Landmark Events, People & Places
4 minute read - Firm AnnouncementsEpstein Becker Green Adds Health Care Transactional, Technology & IP Attorneys in Memphis and Dallas Amid Ongoing Expansion ...4 minute read
- Media Coverage
Jim Flynn Featured Guest on Sidebar Podcast: “No Laughing Matter”
2 minute read - PublicationsDefining Boundaries: IP Law Addresses Exterritoriality, Lexicography & Human Touch2 minute read
- Media CoverageJim Flynn Quoted in “Generative AI Output Could Be Eligible for Copyright Protection. But There’s a Catch.” ...2 minute read
- PublicationsFree Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici ...4 minute read
- Media CoverageJames Flynn Quoted in “Why Are Getty and Shutterstock on Opposite Sides of the AI Legal Debate?”4 minute read
- PublicationsSeconds & Leftovers After Thanksgiving: Cleaning Up & Emptying Out the IP Fridge3 minute read
- PublicationsFull of Sound and Query, Signifying Something: Recent Noise Over Acoustic Trademarks3 minute read
- Media CoverageJim Flynn Quoted in “4 Predictions About the Wild New World of Text-to-Image AI”7 minute read
- PublicationsJust Humor Them: Jests, Jokes, Satire, and Parody in Infringement and Defamation Cases4 minute read
- Media CoverageJim Flynn Quoted in “Who Owns DALL-E Images? Legal AI Experts Weigh In”4 minute read
- PublicationsProtecting AI-Generated Inventions as Trade Secrets Requires Protecting the Generative AI as Well3 minute read
- PublicationsA PORTRAIT OF AN ARTIST AS A YOUNG … CODE(R)?: Why Understanding Artificial Intelligence & Real Creativity Shouldn’t ...3 minute read
- Firm AnnouncementsEpstein Becker Green’s Managing Director James P. Flynn Named a “Leader in Law”4 minute read
- PublicationsSpring Cleaning: Decluttering from Recent Intellectual Property Detritus & Dusting Off Old Posts4 minute read
- Media Coverage
Epstein Becker Green Attorneys Elected to Law360’s 2022 Editorial Advisory Boards
4 minute read - Media Coverage
James Flynn and Kevin Elkins’ Insight on TRUMP Trademark Showcased in LexBlog’s “Best of Law Blogging”
2 minute read - Firm AnnouncementsEpstein Becker Green Continues Growth in Ohio with Addition of Intellectual Property and Information Privacy Attorney ...2 minute read
- PublicationsThe Paraskavedekatriaphobia Precedent: Why Friday the 13th Decision Raises Fear of Slashing Long-Held Copyrights ...4 minute read
- Firm AnnouncementsEpstein Becker Green’s Managing Director James P. Flynn Elevated to Co-Director of John C. Lifland American Inn of Court ...4 minute read
- PublicationsWHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights in Holy Names, Sacred Words, & Other Aspects of Creation ...3 minute read
- PublicationsLe Morte d’Elvis: The Birth of New Claims as New York Recognizes Post-Mortem Right of Publicity2 minute read
- Firm Announcements
Four Epstein Becker Green Attorneys Elected to Law360’s 2021 Editorial Advisory Boards
4 minute read - PublicationsEntitled to Copyright Erasure?: A Fair Use Search for a Derived Yet Transformational Work3 minute read
- PublicationsThe King Is Dead! Long Live The King!: Elvis Sightings, Taking Care of Business, and Rights of Post-Mortem Publicity ...4 minute read
- BlogsRestrictions on Venue in Hatch-Waxman Litigation4 minute read
- PublicationsOut of Character: Jersey Boys, Detective Stories, & the Case of Space-Traveling Tardigrades3 minute read
- Firm Announcements
Corporate Counsel Rank Epstein Becker Green as "Litigation Standout" in BTI Litigation Outlook 2020 Report
2 minute read