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    Intellectual Property Litigation Practice Overview

    Intellectual Property Litigation


    “Victory at any cost” is not the only option.

    Whether you are facing a non-practicing entity or a bet-the-company infringement suit, you can rely on Pillsbury’s IP Litigation team to not only help you prevail – but help you prevail quickly and on your terms. Bringing your IP challenge to Pillsbury means working with lawyers experienced in your industry, your technology, your brand and your case’s jurisdiction. It’s a winning combination.

    Our experience and technical depth positions us to serve clients in all areas of technology. Intellectual property is a concern and key asset across all sectors, especially where rapid innovation and market competition are driving a growing demand for IP litigation services.

    With over 120 years of successfully representing clients in patent and trademark litigation, we have an IP Litigation team that can suit your needs: large or small.

    • Our team has over 100 attorneys who are operating around the globe.
    • Our specific area of IP litigation focus include: Patents, Trade Secrets, Trademarks and Trade Dress, Copyrights, Media, ITC, Technology Transfer and Licensing, Antitrust, and Unfair Competition.
    • Pillsbury's attorneys have been involved in well over 500 IP cases in U.S. courts over the last 10 years.
    • Within the U.S. we have appeared in 77 of the 94 District Courts and the U.S. Courts of Appeals for the Federal Circuit.
    • We also litigate IP claims at the ITC, the U.S. Patent & Trademark Office (“USPTO”), U.S. Customs Service, and in U.S. and international ADR tribunals.
    • Many of our lawyers are professional engineers and scientists, with advanced degrees in electrical, mechanical and chemical engineering, as well as biology, chemistry, physics, and computer science
    • Nearly 20% of our attorneys and patent agents have experience as patent examiners in the USPTO.
    • Pillsbury trial lawyers defend against patent, trademark and copyright infringement claims in courts across the U.S.
    • Our team has unmatched experience handling post-grant proceedings—the formal processes offered by the USPTO by which you can challenge a competitor's patent, or strengthen a patent already granted to you.
    • We have been winning patent and trademark cases since 1892.

    Recent Representative Matters

    • BLK Brands, LLC v. Blackwater Innovations Corp. – Represented defendants over the rights to the BLACKWATER beverage concept and brand. Plaintiffs alleged that the defendants had misappropriated the BLACKWATER name. Pillsbury worked with our clients to establish that they, in fact, had come up with the name and that plaintiffs and their agents had stolen the brand and other trade secrets. After several months of litigation, the clients reached a favorable settlement and now own the federal trademark registrations for the mark BLACKWATER.
    • University of Kansas v. National Institute of Health (NIH) – Following years of litigation in a case involving inventorship credit on patents NIH owns covering cancer drug formulations, Pillsbury successfully convinced an arbitration panel to rule in our client’s favor.
    • Spansion Inc. v. SiriusXM Radio – Protected SiriusXM Radio from potential liability as a downstream user of an allegedly infringing memory chip by getting Sirius XM dismissed from the case by motion before the company even answered the complaint filed by Spansion Inc.
    • Richardson v. The Stanley Works – Successfully defended Stanley at trial and on appeal against claims that one of its popular products infringed the design patent on the plaintiff’s similar product.
    • Zircon Corp. v. The Stanley Works – Successfully defended Stanley in a dispute with the plaintiff over software algorithms powering competing products. Pillsbury’s summary judgment of non-infringement was granted.
    • Sony Ericsson v. Clearwire – Successfully defeated Sony Ericsson’s request for a preliminary injunction against our client, Clearwire, allowing them to continue using their CLEAR C trademark.
    • inBAC v. Environmental Systems Products Holdings Inc. (ESP) – Pillsbury obtained a dismissal with prejudice for ESP in this “patent troll” case – before the initial case management conference.
    • Defended world-renowned brewery in trademark, trade dress, and copyright litigation involving the label design on competing flavored malt-beverage products. The plaintiff sought an eight-figure damage award, and after months of emotionally-charged negotiations and mediation, Pillsbury negotiated a resolution for the client.
    • Represented Spin Master Ltd. in a successful Ninth Circuit reversal of summary judgment, followed by a federal jury award of trademark protection and $8.6 million in compensatory and punitive damages over its trademarked “Would You Rather…?” game and related products.
    • Represent a major cell phone carrier in numerous patent cases involving cell phones. Various plaintiffs brought lawsuits against our client as well as other companies for allegedly infringing activity and we extricated our client repeatedly from the litigations without having to even produce documents.

    Patent Litigation
    Our IP trial attorneys adopt a “trial ready” approach to litigation, which includes early targeted identification of issues, evaluation of business and legal strategies and outcomes to assess and devise settlement options, and trial preparation. Many of our lawyers are professional engineers and scientists, with advanced degrees in electrical, mechanical and chemical engineering, as well as biology, chemistry, physics, and computer science. Several others have background experience as patent examiners in the U.S. Patent and Trademark Office. Pillsbury trial lawyers prosecute and defend against patent infringement claims in courts across the U.S. We also litigate such claims at the International Trade Commission, U.S. Customs Service, and in U.S. and international ADR tribunals. Within the U.S. we have appeared in 77 of the 94 District Courts and the U.S. Courts of Appeals for the Federal Circuit.

    Trademark Litigation
    We have a distinguished record of successful trademark enforcement and defense before federal and state courts and the Trademark Trial and Appeal Board, in addition to numerous international trademark forums. Our team has litigated a large number of cases involving all types of trade symbols – word marks, logos and trade dress packaging and product design, frequently with overlapping design patent, utility patent and copyright claims.

    Copyright Litigation
    Pillsbury’s copyright law team advises and represents the preparers, authors, prospective acquirers and owners of copyright rights on preparing and publishing original and derivative works, particularly with respect to literary works, ornamental, industrial and graphic designs, and computer software. Our team has handled several copyright litigation matters, frequently in connection with copyrighted software alleged to be covered by patents that were also at issue.

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