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Intellectual Property Litigation
Dow Lohnes handles the entire range of intellectual property matters, including litigation. We recognize that intellectual property rights are often the most valuable assets a business owns. Protecting and effectively using those assets is critical to most of our clients, and our firm provides top quality counseling on all aspects of trademark, copyright and patent law, as well as internet and technology issues, to protect and defend that intellectual property. And when litigation or potential litigation arises, our IP litigators get involved.
Over many years, our IP litigators have handled patent, trademark, copyright and trade secret disputes for newspapers, magazines and other publishers, television, radio and other broadcasters, technology companies, information service providers, consumer and commercial product suppliers, manufacturers and many other clients in the media industries, as well as higher education institutions. With a large client base of such companies, Dow Lohnes gets involved in many of the most interesting and cutting-edge intellectual property issues in the country. Our litigators also represent clients in court on matters involving advertising and promotion issues (often involving the internet), unfair competition, trade secret and commercial speech cases. Many of the issues they face are novel or unresolved by statute and find their way to court for resolution.
As a result, the IP litigators at Dow Lohnes have handled cases in a multitude of federal trial and appellate courts across the country and have developed a strong understanding of the issues involved in the use and defense of intellectual property. Many times, cases are staffed with a team of litigators and IP practitioners to ensure the most efficient staffing. This approach is extremely efficient and takes full advantage of the expertise of each lawyer. It also allows the team to identify procedural and substantive issues early on in litigation, which is often critical to a successful outcome. Our newer attorneys also get substantial experience early in their careers, which helps the lawyers and the firm create the right team for each case.
IP litigation at Dow Lohnes extends beyond the communications and media industries and includes representation of manufacturers and suppliers of high technology equipment, and many individuals and other types of companies seeking to protect their intellectual property or defend their business practices.
Dow Lohnes also has special expertise in patent litigation including significant experience before the Court of Appeals for the Federal Circuit as well as trial experience in federal district court. Dow Lohnes litigators work closely with our intellectual property attorneys to review patents, prosecution histories and prior art. The expertise of our attorneys in other disciplines provides a strong advantage in quickly and thoroughly learning the technology and finding additional relevant prior art and experts in the field. Our teams work together on matters including discovery, Markman hearings, summary judgment proceedings and trial.
A representative sampling of intellectual property litigation includes the following:
- Representing a large national auto auction business in defending a patent case in a U.S. District Court, in which the company is accused of infringement relating to internet auctioning.
- Represented a national electronic publisher against a competitor in a U.S. District Court, asserting that the competitor improperly accessed and copied electronic products, stripped copyright notices and used the material in its own electronic products. Obtained a TRO and preliminary injunction before resolving the case.
- Represented large newspaper publisher in U.S. District Court for the Southern District of New York in defending an action alleging trademark infringement.
- Representing national publisher of magazines and books in U.S. District Court in Maryland against internet publisher accused of copying and distributing illegal copies of valuable old stories, asserting counts of copyright and trademark infringement and violations of the Digital Millennium Copyright Act.
- Representing three wireless communications companies in U.S. District Court accused of infringing certain technology patents.
- Represented wireless telephone company in federal district court litigation alleging that a competitor was infringing our client’s trademark by adopting a strikingly similar company name.
- Represented radio station in copyright infringement case in U.S. District Court dealing with public performance rights.
- Represented client in filing amicus brief in the U.S. Supreme Court in MGM v. Grokster on behalf of technology company.
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