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.

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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.

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