Intellectual Property

Intellectual Property Litigation

• Represented an iconic outdoor equipment brand as complainant in an ITC Section 337 trademark and design patent investigation related to water bottle knockoff imports from China, where our strategy resulted in an early consent order against an international fashion brand respondent.
• Obtained complete victory in four petitions for IPRs filed on two patents for a thermal imaging company, navigating a procedurally complex IPR and prevailing when the PTAB held unpatentable each of the 76 claims of the two patents challenged by our client.
• Obtaining ruling from the Federal Circuit in favor of defendants–appellees, confirming that claims of a patent for an automotive diagnostic tester were invalid as indefinite.
• Secured a $919 million jury verdict for one of the largest chemical companies in a theft of trade secrets case related to KEVLAR® fiber technology—the largest-ever contested verdict in a trade secrets case, and the largest verdict ever in Virginia.
  • Executed the largest counterfeit seizure within the Benelux area on behalf
    of a producer of animal feed additives, upholding the client’s patent and trade secret rights in proceedings on the merits.
  • Represented a medical device manufacturer in a patent infringement action concerning endovascular stent-grafts for treating aortic aneurysms in which the district court granted a rare summary judgment of invalidity in our client’s favor, resulting in dismissal of the action in a judgment which was affirmed on appeal by the Federal Circuit Court of Appeals.
  • Defended a biotech company in trademark litigation challenging our client’s long-standing use of its marks in connection with antimicrobial products that have been shown to be effective in fighting pathogens and viruses, such as COVID-19.

IP Strategy, Prosecution and Portfolio Management

• Managed a patent portfolio, including filing, enforcement, strategy, development, and execution, of over 200 matters for a diversified, global aerospace, industrial, defense, and electronics company.
• Engaged by multinational footwear company for patent prosecution, preparing patent application filings related to apparel and footwear.
• Represented leading manufacturer of furniture for offices, hospitals, and classrooms in obtaining design and utility patent protection for their innovative desks, workspace systems, and chairs.
• Serving as primary outside counsel for a large not-for-profit organization with respect to drafting and reviewing complex, multi-party IP collaboration agreements with entities in the public and private sectors, including government agencies, industry, academia, foundations, associations, and the philanthropic community.
• Managed the prosecution and enforcement of a large baking company’s U.S. portfolio, including overseeing 600 active U.S. registrations and applications.

Technology and Brand Protection

• Defended U.S. Soccer, a national sports federation, in a trademark lawsuit brought by the U.S. Soccer Foundation.
• Represent Ikea in copyright and trademark infringement case involving unauthorized use of copyrighted photographs and trademarks for an advertising campaign in Belgium.
• Defended Molson Coors in trademark infringement action brought to challenge launch of new hard seltzer product, Vizzy. Denial of preliminary injunction upheld on appeal to the 5th Circuit.
• Representing American Airlines and British Airways in a copyright infringement lawsuit involving hotel photographs appearing in vacation travel booking sites.
• Represented Novartis in actions against competitor Janssen Pharmaceuticals Inc. for damages caused by false representations regarding their competing psoriasis medications.
• Represent leading brands with counsel and negotiation of agreements regarding copyright clearance for use of content in advertising, development of documentary films, television shows and related entertainment properties, and novel fair use issues related to digital content and assets.